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{
    "id": 691264,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/691264/?format=api",
    "text_counter": 43,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(2) Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for— (a) any elective public body or office established under this Constitution; or, (b) any office of any political party of which the citizen is a member. (3) Every adult citizen has the right, without unreasonable restrictions— (a) to be registered as a voter; (b) to vote by secret ballot in any election or referendum; and, (c) to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office.” A clear reading of Article 38 reveals that the political rights are not absolute, but are subject to reasonable restrictions, some of which are contained in the Constitution itself. The Constitution empowered Parliament to legislate on the regulation of the enjoyment of political rights, including prescribing any reasonable restrictions. Indeed, Article 82(1) of the Constitution, in this regard, provides— “(1) Parliament shall enact legislation to provide for— (a) the delimitation by the Independent Electoral and Boundaries Commission (IEBC) of electoral units for election of members of the National Assembly and county assemblies. (b) the nomination of candidates. (c) the continuous registration of citizens as voters. (d) the conduct of elections and referenda and the regulation and efficient supervision of elections and referenda, including the nomination of candidates for elections and (e) the progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote.” Hon. Members, as you may recall, the Tenth Parliament in line with the requirement under Article 82 of the Constitution passed the Elections Act, 2011 to regulate among others the procedure for the nomination of candidates by political parties. Indeed, the Act currently obliges political parties as well as persons intending to stand as independent candidates to submit various documentation to the IEBC within stipulated timelines. Generally, it regulates 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."
}