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{
    "id": 690314,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/690314/?format=api",
    "text_counter": 449,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "We were all born in the 47 counties. I was not lucky to be born in the Nyanza region, where proper English is spoken. Therefore, there is “bias” towards one gender, if I may use that word to describe the way political parties will be required to use the resources that will be allocated to them through the law that we are making. You do not need to plan these things. Hon. Koyoo, if you have a competitor of the other gender, you are in trouble as she will get more money. Hon. Temporary Deputy Speaker, I will skip Clause 32 because it is long. Let me raise some legal concerns about this Bill. The IEBC Act is being amended in relation to the selection panel and the Supreme Court’s period within which to dispose of a presidential election petition. However, in so far as Clause 6 binds the IEBC to implement recommendations that will be contained in the Audit Report on the accuracy of the voter register, it affects the independence of the Commission as the body charged with the responsibility of carrying out continuous registration of voters. This is under Article 88 of the Constitution. That is their mandate. I am sure that every year, the IEBC use independent audit firms to audit the voter register. There is nothing wrong. There are people who raised the issue of whether that provision affects the independence of the IEBC but I did not agree with them. In so far as Clauses 16, 18, 22, 23 and 25 delete reference to election offences, which are being transferred to the proposed Election Offenses Act, 2016 raises the issue of whether the DPP will be in a position to successfully prosecute election offences without the benefit of a proper cross-sectional underpinning of the role of the IEBC. Election offences, one way or the other, touch on the IEBC. Therefore, the DPP will have to work hand-in-hand with the IEBC to gather the necessary evidence to successfully prosecute any election offence. Hon. Temporary Deputy Speaker, Clause 39 seeks to amend Section 12 of the Supreme Court Act, 2011 to require submission of certified copies of documents used to declare the results of a presidential election to the Supreme Court within 48 hours of service of a petition. There will be a new law. The moment you serve the Supreme Court with a presidential election petition, the IEBC will be obligated to submit all records pertaining to that election to the Supreme Court within 48 hours. It will no longer be for the petitioner to look for such record. It is not for the petitioner to ask for it or look for it and this is very good. 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."
}