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{
    "id": 576152,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/576152/?format=api",
    "text_counter": 27,
    "type": "speech",
    "speaker_name": "Hon. Ochieng",
    "speaker_title": "",
    "speaker": {
        "id": 2955,
        "legal_name": "David Ouma Ochieng'",
        "slug": "david-ouma-ochieng"
    },
    "content": "Thank you so much, Hon. Deputy Speaker. I agree with you absolutely. This Bill affects Article 101(1) of the Constitution which relates to the election of Members of Parliament; Article 136 which relates to the election of the President; Article 177(1) which relates to the election of members of the county assemblies; and Article 180 as it relates to the election of the county governor. What was the basis of saying the elections should be done on the second Tuesday of August? This is very important because it is what we are changing. Why did we say then that elections should be done on the second Tuesday of August? There are a couple of reasons. I have been able to talk to the people who were involved in this process, including members of the Constitution of Kenya Review Commission (CKRC), members of the Committee of Experts (CoE), including their Chief Executive Officer (CEO), Mr. Ekuru Aukot and Mr. Otiende Amolo who was a member, so that I understand the basis of the second Tuesday of August. The reasons vary from the fact that we did not want to interfere with Christmas festivities in December to some very important reasons, including the fact that we needed to have elections in the middle of the year to avoid people travelling back and forth during elections. There was need to promote the fact that people should vote where they are. Those are the reasons we thought that the second Tuesday of August would be a good day. In the last 20 to 30 years, elections have been held in September 1982, March 1988, but in 1992, 1997, 2002 and 2007 the elections were held in December. What are the reasons I am putting forward for the elections to be moved from the date of August to December? I want us to look at elections not only as a matter of the date or day of the election but as a period. Under the Constitution, election is an exercise that is done over time; it is not a single-day affair. It starts 60 days before the voting day and could end probably 100 days after the voting day. Why do I say so? As you would know, 60 days before the date of the election, the Independent Electoral and Boundaries Commission is supposed to start the process. That means that even as Parliament we would stop sitting 60 days before the day of the election. If the next elections were to happen on the 8th of August, and based on the Constitution, seven days after that election the IEBC announces the results. Seven days after that, anybody who has a petition relating to the election of the President can go to court and the Supreme Court must hear and determine that case within 14 days. If the Supreme Court finds that the presidential election should be done afresh, it may decide that it must be done within 60 days. If in the first election of the President none of the contenders gets more than 50 per cent plus one of the votes, then we must go for a run-off, which must be done in 30 days. There are very many things that are involved in elections. That is why I call it election period. In case the election is done in August, it could go through a run-off or a re-run that could go all the way to The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}