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{
    "id": 655962,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/655962/?format=api",
    "text_counter": 263,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Clause 2 of this Bill seeks to remove the anomaly that we saw in the definition of what a Returning Officer and a Referendum Officer is. We are removing replacing the Referendum Officer with Returning Officer. In Clause 3, we are proposing to amend Section 5 of the Elections Act to provide for the period during which the continuous registration of voters may be temporarily stopped or halted during a referendum, and removes entitlement for persons who have applied for national identification (ID) cards to register as voters before the issuance of actual identification documents. We have had consultations with the Registrar of Persons and we have agreed that the process be speeded up so that Kenyans do not use the waiting cards for purposes of registering as voters. We are trying to remove those anomalies. We have been informed that it will take only a maximum of two weeks for one to obtain their ID card. The Registrar of Persons tells us that there are too many IDs lying in their offices in various parts of this country. It is important that Kenyans collect them because they are ready. In Clause 4, we are seeking to amend Section 6 of the Elections Act by increasing the period within which the Commission must open the register for inspection, from 60 days to 90 days before the date of the general election. The register will be available for inspection by whoever seeks to check whether their names are there or by the political parties. We want to increase that period from 60 to 90 days. We think that is reasonable. We had problems in the last elections because we could not inspect the register. It also increases from 14 to 30 days before a general election during which the Commission must publish a notice and transmit copies of register to all registration officers. In Clause 5, this Bill seeks to amend Section 13 of the Elections Act 2011 by making it a requirement for a political party to nominate their candidate for a general election at least 90 days before the election. This section also requires a political party to hear and determine any disputes arising from political party nominations within 40 days. That is the internal mechanisms for parties. In these proposed amendments, we seek to provide that the IEBC will not hear disputes arising from party primaries but that will be the work of the Political Parties Dispute Tribunal. Clause 6 seeks to amend Section 16 of the Elections Act, 2011 to clarify that a vacancy in the office of a Member of Parliament shall be deemed to occur on the date of issuance of a notice to the Commission, which shall not be later than 21 days from the date of the actual occurrence of the vacancy. At the moment we have to wait for the Speaker of the National Assembly or the Senate to issue that notice before the Commission issues a notice declaring that a Member of Parliament’s seat has become vacant. Clause 7 seeks to amend Section 22 of the Elections Act, 2011 to require that a person who is seeking nomination for an elective position should possess, as a minimum qualification, a degree in the case of parliamentary elections and a diploma in the case of county assembly elections. This clause also contains a proviso to the effect that in the 2017 General Election, a member of a county assembly (MCA) shall be required to possess a degree from a university recognised in Kenya. The foundation of this amendment arises from the requirement under Article 99 (1)(b) of the Constitution, which states:- “A person is eligible for election as a member of parliament if the person satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament.” 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."
}