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"content": "Secondly, it was because of sufficient good will from the IEBC commissioners and, third, it was because there were many recommendations from various sectors that were saying that we should get a dignified political settlement to this matter. We agreed to a recommendation that will make the roadmap to the next election to be fair without touching on the dignity of the commissioners or the staff because that is what we need as a country. I know many people are asking what legal framework is going to be there for implementation of Thematic Area No.1. Once there is negotiation by the Attorney General, Treasury and the Salaries and Remuneration Commission (SRC) and all the other stakeholders, they should be able to propose to us the way forward, including the legal framework. If we approve this report now, then the time begins to run. In the next 14 days, we should be able to have a proper legal framework that is known to every Kenyan on the dignified exit of the commissioners. The second question was on the issue of the recommendation related to commissioners leaving office. We thought there was need to have timeline so that some people do not drag the process forever. We agreed that the commissioners should leave office by 30th September, 2016. That leaves the Selection Committee with about a month and one week to be able to do all that is needed for them to have new commissioners in place. We, as a nation, were cognizant of the fact that we need to protect the institutions or commissions of this country. One of those commissions is the IEBC. It must not be the norm for us to walk out there and disband institutions every time we disagree or we agree as political entities. This is an exceptional circumstance. We recognize that we are within the first few years of the implementation of the Constitution. We believe that we will stabilize as a nation going forward and ensure that all political players will not be able to destabilize institutions such as the IEBC in future. I would like to recognize the magnanimity of the commissioners of IEBC to accept a settlement which is dignified. Otherwise, if they dragged us through the process of the Constitution in Article 250, we would not be able to get it because it would require getting evidence, putting in place tribunals and so forth. Kenyans must also know that the reason we needed to have this dignified negotiation is because the commissioners who have been mentioned in regard to allegations against the commission were two or three. There were some six commissioners who have not been mentioned in any way because there were no allegations against them. So it was not going to be useful to the country to have a group of three or four commissioners going through a tribunal and another clean six commissioners who are awaiting directions on what will happen to the commission. There was a middle ground that was necessary so as to ensure that everybody leaves with their dignity in place and without delaying the process. You remember one guiding principles for us was not just that the committee be fair, but to be seen to be fair. Since one side of the political divide no longer saw IEBC as an independent player, we needed to create not just the actual fairness, but the perception that they are fair. That is why it was necessary to have this Commission leave in a dignified manner. 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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