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{
    "id": 676122,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/676122/?format=api",
    "text_counter": 226,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "in letter and spirit and the political class cannot play around with it whether you put yourself as a Select Committee or as the National Assembly or as the leadership of political parties. The Constitution must be followed both in letter and spirit. That is why in 2010, the framers of the Constitution decided to insulate certain commissions from interference. This insulation was as a result of the kind of work these commissions do. They would not be very popular with the kind of decisions they are going to give. Commissions and independent offices include the Office of the Director of Public Prosecutions (DPP). Decisions that the DPP makes will not make everybody very happy more so the political class. The Office of the Auditor-General is not a very popular office because of the decision it makes. The same applies to the IEBC and the EACC. That is why the Constitution decided to give those of us who served in the 10th Parliament security of tenure to make sure they are free from political interference. Let me come back to the IEBC. Election management in our country has a very long history. There were times when retired President Moi used to appoint the electoral team at his whims without any consultation. There were times when District Commissioners (DCs) used to be the election managers in our country. They were the returning officers. In 1997, we had the Inter-Parliamentary Parties Group (IPPG) where the Opposition had a gentleman’s agreement with retired President Moi, which was anchored in law. In 2006, when the term of seven members of the then Electoral Commission of Kenya (ECK) was over, the then Minister for Justice and Constitutional Affairs, Hon. Martha Karua, a very powerful Minister then, decided to handle it singlehandedly. She was powerful then, but she is no longer very powerful. I am happy there is a more decent Member for Gichugu here who won the election. The Constitution protects minorities like me. I will always defend the Constitution. If you go to Europe and the United States of America (USA), nobody likes the blacks and Kenyans who live there. What protects those Kenyans and minorities in those countries is the Constitution. Those of us who suffered serious historical marginalisation and atrocities will be the last people not to defend the Constitution. After the post-election violence, the people of Kenya decided to insulate the political class from IEBC. That is why I will totally reject the proposal by the Committee to have representation from the political class in the Selection Panel. I will read Article 249 of the Constitution on the objects, authority and funding of commissions and independent offices for all to hear. Article 249(2)(a) of the Constitution partly says that commissions and holders of independent offices are subject only to the Constitution and the law. Commissions are not subject to the leadership of political parties whether in the Opposition or in Government. They are not subject to the political class. Article 249(2)(b) of the Constitution says that they are independent and not subject to direction or control by any person or authority."
}