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"content": "the document for purposes of what was anticipated, there is always a process of give and take. That has been the spirit in this country that must continue for us to find common solutions to common problems. Mr. Temporary Speaker, Sir, if I remember my experience from the Serena process, we had a Committee of this nature - although it was not a Parliamentary Committee - and those who were members of that committee will remember that at the conclusion, we were deadlocked. There was no agreement on almost every detail in order to bring a new constitutional order in resolving the problems that were there in 2007/2008. Those differences were taken before the President and the Prime Minister at that time under a session chaired by the President of Tanzania and Kofi Anan. The principals sat and resolved those manners in a spirit of give and take. The document that we have come up with has been in the spirit of give and take. For example, on the issue of Members of the Joint Committee, the CORD coalition had wanted five Members and the Jubilee Coalition wanted 11 Members but in the spirit of give and take, we had agreed on seven Members. The CORD had taken a position that the discussion should be extra parliamentary. That means it should have been purely a non-parliamentary process. The Jubilee wanted a purely parliamentary process. If you look at the structuring of this Committee, the leadership of the coalition outside Parliament had a role. There were stakeholders engaged outside Parliament in coming up with the mandate of the Committee. We got experts from both coalitions to participate in the work of the Joint Parliamentary Committee. So, again in the spirit of give and take, we were able to have a parliamentary process, but one which was tampered with participation and contribution from non- parliamentary entities. That worked out very well. Mr. Temporary Speaker, Sir, you will also realise that at the very beginning the position that was relayed was that the IEBC must go. That was the clarion call from the CORD coalition. Jubilee Coalition had taken a position that: “No, if the commissioners have to go, you had to go by Article 251 of the Constitution”. That required that a tribunal be established. Through this process we had agreed on a way of resolving the problems to do with the commissioners some of whom, I dare say, have no direct accusations against them. They are going away in the spirit of keeping the country together. This again, is in the spirit of give and take. In addition, in the spirit of give and take, the issue of audit of the register was resolved. On the numbers of the commissioners, Jubilee had taken the position that we retain the nine commissioners on a permanent basis while CORD had taken a position that we should have five commissioners on a permanent basis but if they had to be part time, then we should have no more than seven commissioners. We agreed on seven commissioners on a permanent basis, taking into account that because this commission was so important to the country, we needed the face of Kenya, regional diversity and gender equality considered in the constitution of the committee. The number of seven permanent commissioners was agreed as necessary because in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
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