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{
    "id": 641950,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/641950/?format=api",
    "text_counter": 42,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "Thank you, Hon. Deputy Speaker. I rise to support this Motion. First, I would like to take the House to Article 38(2)(a)of the Constitution which states that “Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of electors for any elective public body or office established under this Constitution”. Article 38(3) of the Constitution says: “Every adult citizen has the right without unreasonable restrictions to be registered as a voter.” Article 260 of the Constitution defines an adult as an individual who has attained the age of 18 years. I do not see anywhere in the Constitution that says that person should possess an ID or any other form of identification. Once a Kenyan has attained the age of 18, he is an adult. What I am saying is that the Constitution has provided every Kenyan, who has attained the age of 18 years, to a right to register as a voter. No one, without provision of the law, has a right to deny that constitutionally provided right to the people of Kenya. You can only limit a right through a clear statute that defines why you are denying that right. That statute must give the reasons for denying the right plus how far you are going to deny that right to the citizens. The Constitution and the statute laws are there. In 2012 we passed the Elections Act 2011. Hon. Jakoyo Midiwo brought an amendment to this House which the House passed. Section 5(3) of the Elections Act reads as follows: “Any citizen of Kenya who has attained the age of eighteen years as evidenced by either a national identity card or a Kenyan passport and whose name is not in the register of voters, shall be registered as a voter upon application in the prescribed manner to the Commission.” Before you are registered, once you are an adult at the age of 18, you need to show that you are a Kenyan by producing an identity card. However, Section 5 (3)(a) reads: “Despite sub-section (3), a citizen who has attained the age of eighteen years and has registered for an identification card and is in the possession of an acknowledgement of registration certificate shall, upon application, be registered as a voter using the acknowledgement of registration certificate, but may only vote using an identification card.” 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."
}