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{
    "id": 670643,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/670643/?format=api",
    "text_counter": 244,
    "type": "speech",
    "speaker_name": "Hon. Gikaria",
    "speaker_title": "",
    "speaker": {
        "id": 2489,
        "legal_name": "David Gikaria",
        "slug": "david-gikaria"
    },
    "content": "the due process. I agree with Hon. Duale that if we go back to the direction of the IPPG, what happened in 2007 may just be a rehearsal of what will happen in 2017. We have to agree in this House that irrespective of whether the IEBC commissioners will be removed or not, the process of picking new commissioners must follow the due process of the law. One of the mandates of the Select Committee in (b) states that “on the finding of (a) above, may recommend legal mechanisms for the vacation from office of the current Commissioners of the IEBC and Secretariat in accordance with the Constitution”. Article 251 of the Constitution stipulates very clearly how to remove a commissioner from office. Any commissioner who is unduly removed from office might end up going to court. We are privy to information that came out of court yesterday. Any commissioner moving to court and claiming that they should not be removed because the process was not followed will continue pushing the existence of the Commission. Hon. Wamalwa indicated that we cannot accept pronouncement of presidential election results to be done at the polling station. I agree with what Hon. Moses Kuria said recently. If you pronounce presidential election results at a polling station, what will happen in an area where 10 polling stations have pronounced that so and so has won? As Hon. Moses Kuria put it, tallying of presidential election results should not be done at a polling station. Otherwise, we are going to create chaos by the pronouncement of presidential election results. As much as the President is elected at the ward level or polling station level, it would be disastrous for us to openly say that so and so has won. It is going to bring a lot of chaos in this country. We might want to give the Committee an opportunity to deliberate on reforms at the IEBC. I had a problem when I was elected to the Political Parties Tribunal. Immediately after the election, I was taken to court by my challengers. Were it not for the party, the ruling was given in favour of my opponents. Just because of a mistake by a political party, after winning in a free and fair election, it was declared that there was no winner yet the same party gave me a nomination certificate. You can imagine what the situation would have been if I had not got a certificate from TNA. I want to thank my party for being democratic and accepting the results to mean that the people have spoken. Otherwise, it would have been disastrous where a judgement is passed today and you only have a day to submit your nomination papers. In case I never got the certificate from TNA, what would have happened? I would have been denied an opportunity to represent the great people of Nakuru Town East Constituency. The mandate given to this Committee is a bit questionable. We are just hopeful that there will be consensus in the first place. I am not a person who follows the crowd in terms of voting. I wish consensus will be reached instead of resorting to voting. If there will be voting, the coalitions in Parliament will be replicated in the Committee. I wish and hope the Select Committee will reach a consensus and not tell us that they voted or someone raised an objection on whether they supported the report. I plead with the Members who have been selected."
}