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{
    "id": 692184,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/692184/?format=api",
    "text_counter": 135,
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    "content": "a DO or a DC, you are committing an offence for which you will be individually liable; the State will not pay your fine of Kshs10 million. You will be individually fined and auctioned because of transgressing the law. You will also go to jail for six years and you may even face both; Kshs10 million and six years. Mr. Speaker, Sir, this is very important because the security intelligence--- and instead of the police protecting every candidate, you will find the police are busy following choice candidates and doing all manner of things. Equally, when elections come, I wish we went even further, where does the State end and where does the party end? Where does your official position as a Governor end and where does your official position as a candidate defending your incumbency begin? This is where public resources are routinely abused. I used to see this during the days of retired President Moi. When he goes out to campaign, even KBC, the national organ, is relaying the campaign lies for the whole country to hear. The police and NIS will go there a week in advance to intimidate people and so on and that time Sen. G. G. Kariuki was in charge of them and he is now a distinguished Senator in this House. I will not turn to Clause (14): The Use of Public Resources. Mr. Speaker, Sir, this is so important. I do not know who will bell the cat on this. Sen. (Dr.) Khalwale alluded to this when we were speaking about adjourning to the 4th of October. Public resources are routinely abused during elections. As long as you are an incumbent it is a licence to use public resources. That is why in Africa it is so difficult campaigning against incumbency because they have the State machinery at their disposal. I know Sen. (Prof.) Lonyangapuo wants to become the Governor of West Pokot. He will sell his property to go and campaign while the Governor is using the county budget to campaign. You cannot say then it is a fair campaign. The doctrine of free and fair elections is very simple; the elections must be free to the voter and fair to the candidate and it must be fair to all candidates. The race may belong to the strong but every competitor must be given a fair start. Every competitor must be given a fair deal. So, this Bill is very good and the Director of Public Prosecutions (DPP) will be the one responsible under Clause (21). It is only the DPP who has powers. As I speak I remember a petition filed against me in Bungoma where some fellow who came there pretending to be a reverend said he was in a group of people where they were given money to vote. The Judge without any safeguards or any caution says he is convinced beyond any reasonable doubt that an offence was committed. How can you be convinced beyond reasonable doubt that Sen. Mositet committed an offence without hearing him out? That is neither fairness nor natural justice. This Bill cures that and it is very important. I am happy that in the case of my experience and in my own small way, I am contributing to the jurisprudence of this country in terms of how to manage elections before, during and after. Mr. Temporary Speaker, Sir, there are many clauses others will speak to. I want to end here by supporting the Bill and urge the Director of Public Prosecution (DPP) to review all cases of those who were unfortunately arrested, arraigned in court and are being prosecuted in a matter that arose because of the tension that was created leading to the committee of the 14 Members that then brought this product to this House and the ‘Lower House’. I want to salute the ‘Lower House’ for passing the Bill as was drafted and placed before them. I beg to second."
}