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{
"id": 52327,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/52327/?format=api",
"text_counter": 276,
"type": "speech",
"speaker_name": "Mr. Orengo",
"speaker_title": "The Minister for Lands",
"speaker": {
"id": 129,
"legal_name": "Aggrey James Orengo",
"slug": "james-orengo"
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"content": "Last time, we really spent sleepless nights. We do not want to do that ever again because the announcement made by the electoral body should stand the test and everybody should believe and take into effect, whatever decisions that are reached so long as they are properly decided. Mr. Temporary Deputy Speaker, Sir, the other thing which makes me talk about the issue about leadership and integrity at the national level amongst political leaders is that, if you go to many old democracies â for example, if you go to India â you will not hear a lot of hullabaloo about the electoral commission because it has become standard practice. They are a few of them and they can deal with electoral disputes in a matter of hours. If you go to the United States of America (USA), you will never hear about electoral bodies. They are bodies you will not hear about as often as you will hear about an electoral commission. This also applies to the UK or Germany. This is because we tend to politicise these processes. It is not that it is wrong to politicise, but we see politics in every process. In the old Electoral Commission of Kenya, I knew they started going wrong when there were nine commissioners from each province; when they said that each commissioner from a particular province should stand and run the elections in a particular province which, in effect, undermined the dignity, authority and integrity of that body. Mr. Temporary Deputy Speaker, Sir, there are many issues that have been dealt with which were underscored by the Kriegler Commission and some of these have now been dealt with in the new Constitution. The relevant sections of the Constitutions have dealt with the issue of constituencies; their number and delimitation. Largely, it can be deduced from the Constitution on how to go about it although it may not be the best of all possible worlds, but those principles are well articulated in the Constitution. This is not a matter that has to be dealt with in this Bill or legislation. What I would urge hon. Members and as the Minister for Justice, National Cohesion and Constitutional Affairs indicated, is that it is always important that we scrutinize these Bills against the Constitution because at the Committee Stage, we must ensure that the Bill actually reflects what is contained in the Constitution. At the Committee Stage, I will urge my colleagues and the Minister for Justice, National Cohesion and Constitutional Affairs to accept some of the changes in the Bill that seem to go beyond the provisions that are set out in the Constitution. However, the most important thing is violence and bribing during the elections. Violence during elections makes them a very expensive matter. Sometimes, it makes people get scared of elections. With a new Independent Electoral and Boundaries Commission â and I know there will be enabling legislation â we should implore on the new Commission, working together with the leadership of this country, that we should never have violence in any election. At one time, I witnessed a very scary scene at a by- election in Mombasa where a candidate overturned all the electoral documents and we had a fist fight for about three hours. Of course, the consequence of that was that there was nothing left to count because the ballot papers were destroyed and the ballot boxes were scattered all over. The fight was not just in the counting hall but it spread outside into the streets and we had to run for cover. Fortunately, my experience with the former regime ensures that I know how to run for cover. So, I was not badly injured in that process. I urge that even with the legislation that relates to meetings, which is the Public Order Act, there is a manner in which public meetings should be conducted. Wearing of uniforms, carrying of weapons and all these things is a new culture with an election; that is required to ensure that we elect the right people and shun violence. Mr. Temporary Deputy Speaker, Sir, the second thing that we should really shun is bribery during elections, because if elections are a mere lottery, then the country will never get the leadership that it deserves. There are hon. Members who feel that I am speaking too much, but I am still within my time limits. In the old school, we used to speak in this House for two or three days. So, let me continue because I have not spoken here for quite a bit of time. I have the habit of listening to the hon. Members across. Mr. Temporary Deputy Speaker, Sir, at the end of the day, the elections should create one country with one people united. If the effect of elections creates divisions, new boundaries and brings strife and conflict in the country, then those elections are not worth it and those laws that allow such circumstances should never be in place. So, as we fight over these new electoral bodies we, as leaders, must offer leadership. What I am happy about the new Independent Electoral and Boundaries Commission is the role that has been alienated between the Commission as a policy making body and in line with the recommendations of the Kriegler Commission that it should not be a large institution but a thin one. Remember that for many years, we used to have only one supervisor of the elections. The job he was doing was pretty good until the Provincial Administration interfered with the entire electoral process of the Government of the yesteryears. The second thing is that with room to operate, the Secretariat will be able to carry out its functions with an oversight body which then would perform its duties without unnecessary interferences, but knowing that there is oversight over it."
}