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{
    "id": 690293,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/690293/?format=api",
    "text_counter": 428,
    "type": "speech",
    "speaker_name": "Hon. A. B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "drafting, there is a consequential provision for the repealing of the election offences from the Elections Act, 2011 to the proposed new Election Offences Bill, 2016. Clause 19 seeks to amend Section 76 of the Elections Act, 2011. Basically, it is supposed to clarify the period for filing of petitions against an election of a Member of Parliament, county governor or a member of county assembly that begins to run from the date of the declaration of the results. This is very interesting. When you win, there are many busy bodies who want to serve you. In the last Parliament, there are people who used to stay around Parliament for one week to avoid being served and then the petition is thrown out on a technicality. Now senior lawyers are here and things have changed. You can even be served through a newspaper advert. Basically, Clause 19 deals with that matter. Clause 20 seeks to amend Section 85(A) of the Elections Act, 2011 to provide an appeal against the judgement of an election court and act as an automatic stay of holding of a by- election. For the first time, we are saying that when you lose in a petition in the High Court and you appeal to the Court of Appeal or to the Supreme Court, the law is very clear that the Commission will not carry out a by-election until the matter is concluded. So, the Speaker will not give the writs and the Chairman of the Independent Electoral and Boundaries Commission (IEBC) cannot announce a by-election. That is very good because we had a situation where somebody lost a petition, then a by-election was done, a member came to this House and then the Court of Appeal chased that member again from the House and reinstated the first member. We saw that in the 11th Parliament. It happened. Clause 21 seeks to amend Section 87 of the Elections Act to require that a separate criminal process be pursued by the Director of Public Prosecutions (DPP) in the event an election court makes a finding that an electoral malpractice of a criminal nature may have occurred during an election. So, if you are involved in a criminal matter in that petition after losing the petition, the DPP is under obligation to follow you. These are things that never used to happen during KANU days. Hon. K’oyoo will tell you, life was very easy because once you became a Member of Parliament, there were no petitions. The Judiciary leadership used to report to former President Moi in the evenings. Kenya has changed. Yesterday, I watched Justice Mbogoli on television say “I regret” with regard to a ruling he made in favour of former President Moi and against former President Kibaki – a very humble and decent man who at one point in time ran the Government with former Prime Minister, Raila Odinga. Yesterday he said that he regrets. He does not know what he did to the supporters of former President Kibaki in that general election. I am sure that with the guidance of the new Constitution, the new Judiciary team that is presiding over the interviews will give us a Chief Justice (CJ) of the calibre of Dr. Willy Mutunga. Clause 23 seeks to repeal Section 106 of the Elections Act. These are offences under the Act proposed for inclusion in the proposed Elections Offences Act. It is more of a clean-up. Lastly, Clause 28 seeks to amend Section 25 of the Political Parties Act, 2011 to provide for fiscal incentives to political parties. This is very important. Hon. Jakoyo and his team must listen to me. Clause 28 seeks to provide for fiscal or monetary incentives to political parties in order to assist them implement the two-thirds gender principle. Fifteen per cent of the Political Parties Fund is supposed to be distributed among political parties based on the number of elected special interest seats. What does this mean in a layman’s language? If Hon. Fatuma, the great lady from 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."
}