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"speaker_name": "Mr. Mbadi",
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"legal_name": "John Mbadi Ng'ong'o",
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"content": "Mr. Temporary Deputy Speaker, Sir, my second last point is with regards to the appointment of employees. If we look at schedule 10(3), the employment of employees is pegged on the approved budget. I have an issue with that. This should be based on an establishment because the Constitution is clear that all constitutional commissions shall be allocated adequate resources to undertake their functions. Therefore, we should not peg appointment of employees to this Commission on the approved budget. We should have an establishment and the Commission should ask for allocation of the budget. Finally, there is the issue of how these commissioners will be remunerated if in case, they are put in office before the Salaries and Remuneration Commission is in place. There is a suggestion that we involve the Public Service Commission. This is one way of interfering with the independence of this Commission. The Public Service Commission is a commission just like any other commission. Therefore, to me, because this is just a commission that is just acceding another, why do we not recommend that before we have the Salaries and Remuneration Commission in place, the commissioners earn the same remuneration as the current commissioners of the Interim Independent Electoral Commission, so that we do not subject the remuneration of these commissioners to control of another commission which should not actually be above this particular Commission. I want to conclude by asking that as we think of coming with an electoral law, because this actually was just laws governing the appointment of the Independent Electoral and Boundaries Commission and how they carry out their work, we need to think seriously of how do we discourage the security apparatus of this country from participating and influencing the electoral process. This is where we have a problem. That is why many Kenyans had a problem with the Provincial Administration. It is not because the Provincial Administration was not desirable, or it was useless or that it was an enemy of our people. It is because the Provincial Administration was misused in many cases to rig elections. I still hear complaints even though we say the by-elections were conducted in a good way and that we are praising the Interim Independent Electoral Commission. I have heard complaints that at this by-election, the Provincial Administration was used; and that the security apparatus were used as polling officials and so on. This must stop. We must come up with laws that would stop this from happening. With those many remarks, I support the Bill."
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