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{
    "id": 692193,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/692193/?format=api",
    "text_counter": 144,
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    "content": "important thing about this Bill is that election offences can only be tried in criminal courts. Even if there is an election petition against you, if the issues that are raised border on criminality, then conviction can only be made by a criminal court or competent jurisdiction. I think that is important. Secondly Mr. Temporary Speaker, Sir, on the issue of the register, there is a definition of what a register of voters is. Never again are we going to hear of the existence of several registers. Even in accordance with this Election Offences Bill, there will only be one register as defined in the Elections Act. There will no green book, no black book, no yellow book and there will be no white book. Anybody who would prepare or print a register other than the one that is contemplated under the Elections Act will have committed an offence under Clause 3 of this Bill. The commencement of prosecutions under this Bill must also occur within 12 months after the elections. We were worried that sometimes in certain circumstances people would be charged with offences that were committed many years ago and that would be brought for the purpose of ensuring that somebody is not allowed to exercise his freedom to participate in elections and not to enjoy his political right as spelt out in Article 38 of the Constitution. Mr. Temporary Speaker, Sir, the Minority Leader brought an issue about the offence in relation to people who are pretending not to be able to read or write. This was supposed to capture people who commit offences on the basis that they have been promised a bribe; that out there is somebody waiting to be told by his agent in the polling room that so and so has voted for you. Such people go to the polling room and pretend that they cannot read and write for purposes of bribery. We thought that should be stopped. Now that we are dealing with this Bill in the spirit that everybody should have something to say, I want to end up by pointing out Clause 15(1)(d) on page 18. I want to read it so that public officers of this Government can hear this. This is something very important for the Senate Minority Leader to know. It says:- “A public officer who uses public resources to initiate new development projects in any constituency or county for the purpose of supporting a candidate or political party in that constituency or county, commits an election offence”. With the recent visit of the President at the Coast where people kept on saying that people should support Jubilee or the President because he has initiated development projects in their county; this has been made an offence. Any Member of Parliament who will want to support the President or a public officer on the basis that development is being brought to your county or constituency; that would be an offence. It does not matter when it is committed. It does not have to be during an election period, it is for all time. Any time any public officer stands up and says that he has done this road for you to support, for example, the Senator for Siaya County; that would be an offence under this Bill. This is particularly for the leadership of Jubilee because they are in Government. If they do not comply with these new provisions, then the CORD or any other person can initiate private prosecution in regard to the commission of this offence. I want to end up by saying that we have started on a new note, particularly in regard to---"
}