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{
    "id": 727921,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/727921/?format=api",
    "text_counter": 119,
    "type": "speech",
    "speaker_name": "Hon. Cheptumo",
    "speaker_title": "",
    "speaker": {
        "id": 50,
        "legal_name": "William Cheptumo Kipkiror",
        "slug": "william-kipkiror"
    },
    "content": "(v) The Draft Elections ( Party Primaries and Party Lists ) Regulations, 2017. Hon. Speaker, we have five sets of regulations. I want to thank Hon. Eseli for having time to file some amendments as you directed. They will be addressed as per your directions. In exercise of powers conferred by Section 44(5) and Section 109 of Elections Act, 2011, the Independent Electoral and Boundaries Commission (IEBC) is required to make the Draft Elections (Technology) Regulations, 2017. These are regulations that are supposed to focus on the usage of technology in our elections. The Committee on Delegated Legislation is mandated under our Standing Orders to scrutinize regulations which are brought before the House. As we do so as a Committee, we are guided by the provisions of the Constitution, the relevant Act under which the Regulations are made and any other written law. The Draft Elections (Technology) Regulations, as I said earlier, are provided for under Section 44(5) of the Elections Act. The purpose of these regulations is to establish a regulatory framework governing the use of elections technology as required by Section 44(5) and Section 109 of the Elections Act. The Committee deliberated on the Regulations with the Commission at sittings held on 31st January 2017, 13th and 14th of February 2017 and finally on 14th March 2017. It should be noted that the regulations-making process is through delegated authority by the National Assembly and cannot be taken away by the delegator. The role of the Committee, therefore, in the scrutiny of Regulations, is to ensure that they conform to the Constitution of Kenya, the Statutory Instruments Act, the National Assembly Standing Orders and other legal relevant laws, rules and regulations in force in Kenya before reporting to the House. The unique thing about these Regulations - unlike other regulations – is that they have to be approved in a draft form by this House and thereafter published by the Commission. That tells you that they are very important because the House has to approve them first before they are published by the Commission. The Draft Regulations (Technology) Regulations were first submitted to the House and immediately committed to the Committee for scrutiny and report to the House. After deliberation with the IEBC, amendments were agreed on and a new document incorporating them dated 27th February 2017 was produced by the IEBC and finally submitted to the House for approval. As I have said, the Regulations inter alia require the IEBC to regularly update existing technology and acquire new electronic technology with a view to enhancing integrity, efficiency and transparency of the election process; carry out timely testing of election technology before the election process and conduct a regular audit of election technology to ensure its credibility; put in place mechanisms to ensure availability, accuracy, integrity and confidentiality and that data is retained for a period of three years after the declaration of results; publish on its official website details of any telecommunication network service provider to be used in the elections and, finally, conduct continuous training on elections technology for staff and stakeholders within sufficient time before an election day. That is the basis or foundation on which these Regulations on technology were established. It is very important for Members to understand that background. The scrutiny of the Regulations was guided by Section 44(5) and Section 109 of the Elections Act, the Constitution of Kenya and National Assembly Standing Order No.210. Upon scrutiny, the Committee is satisfied that the Regulations conform to the Constitution, the Elections Act, 2011, the Statutory Instruments Act, 2013 and the National 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."
}