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"content": "Mr. Temporary Speaker, Sir, before I go into the substance of the Bill, allow me on a very serious note to implore the Director of Public Prosecutions (DPP) that in the run-up to reach this situation where we set up the Committee, there was a confrontation between people who wanted to change the status quo and those who were resisting to maintain the status quo . In the process, people were arrested and taken to court. Even thereafter, there were Members of Parliament who were arrested because of speaking to matters related to what was going on. We had “the Pangani six,” “the Muthaiga Two” and our own colleague here, Sen. (Dr.) Khalwale, who, having been licensed to carry out demonstrations in Kakamega, was halfway attacked by a group of ruffians hired by the Governor of Kakamega County. In the process, he was arrested and arraigned in court. Mr. Temporary Speaker, Sir, I urge the DPP, not only for these seven Members of Parliament, but for other Kenyans who may have been caught in this situation, either demonstrating or because they were supporting a cause of either agitating for or against this process, to review and terminate their cases for purposes of bringing healing and tranquility in the country. This Bill also consolidates the scattered offences relating to elections that previously could be found in more than six or seven statutes. Now we do not need to rove all over. As good lawyers say, a good lawyer is one who knows where to find the law. It is easier to find a law that is based in one statute than when it is scattered in more than five, six or seven statutes. Mr. Temporary Speaker, Sir, I join my colleague in quickly running through some of the clauses so that I give opportunity to my colleagues to speak. Clause 3 consolidates offences relating to registration of voters and preparation of registers. In the case of Right Hon. Raila versus H.E Uhuru Muigai Kenyatta and Others, the petition in the Supreme Court, the Independent Electoral and Boundaries Commission (IEBC) came to court and were not quite sure how many registers they used for the last elections. They said there was the master register, the green book, the black book, the red book and I do not know which other colour of books they had. The aggregate of that was that you could not determine how the elections were conducted. Mr. Temporary Speaker, Sir, Clause 3 of this Bill makes it a criminal offence for the IEBC offices to maintain more than one register or to make any parallel register and purport to use it for elections. The penalty is heavy. One will get a Kshs2million fine or six years in jail or both. This will provide a deterrent. It does not end up with IEBC officials, but anybody established to have aided, abetted, counseled or procured the commission of an offence under this section will suffer the same fate of a heavy fine, a stiff sentence or both. 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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