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{
    "id": 727927,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/727927/?format=api",
    "text_counter": 125,
    "type": "speech",
    "speaker_name": "Hon. Cheptumo",
    "speaker_title": "",
    "speaker": {
        "id": 50,
        "legal_name": "William Cheptumo Kipkiror",
        "slug": "william-kipkiror"
    },
    "content": "Regulations must be consistent with the Constitution, the IEBC Act which is the parent Act, and any other written law. It is important for Members to take note of the legislative context and policy background of the Regulations. Article 88(4)(g) of the Constitution requires IEBC to conduct and supervise voter education. The current Elections (Voter Education) Regulations of 2012 contemplate the establishment of national, sub-national and constituency voter education committee. The regulations also require the Commission to assign staff as voter educators but do not make provision for voter education. According to IEBC, the Elections (Voter Education) Regulations, 2012 had proved difficult to implement. The purpose of these new Regulations is to substitute and revoke the existing regulations. The new Regulations propose to implement Article 88(4) of the Constitution; create an environment for objective and effective voter education for all Kenyans; ensure efficient coordination of voter education for purposes of harmonisation of the content of the voter education materials; provide framework for monitoring and evaluation of the voter programmes and promote effective and efficient use of resources that are set aside for voter education. Following the enactment of the Election Laws (Amendment) Bill No. 36 of 2016, and the Election Laws (Amendment) No. 1 of 2017, a number of significant reforms have been introduced in the electoral process. They include the use of technology, regulations and requirements that only party registered members shall vote in party primaries. Without again taking Members to all those, as I have said earlier, the principle of going through regulations is basically the same. I wish, therefore, to say that we are satisfied as a Committee that these Regulations conform to the Constitution; they are not inconsistent with the relevant Act - the IEBC Act or the Elections Act. They are not inconsistent with our Standing Orders. The Committee recommends that the House approves the Draft Elections (Voter Education) Regulations, 2017 for publication by the regulation-making authority. Allow me to go to the fourth and second last set of regulations. That is the Draft Elections (General) (Amendment) Regulations, 2017. As I had mentioned earlier, in exercise of powers conferred by Section 109(1) of the Elections Act as amended by the Election Laws (Amendment) Act No. 36 of 2016 and Election Laws (Amendment) No. 1 of 2017, IEBC is required to make the Elections (General) (Amendment) Regulations and effect them before the 2017 General Election. The purpose of these Regulations is to align - and this is very important because we are introducing new amendments – the Elections (Amendment) Regulations, 2012, the already existing Regulations with the Election Laws (Amendment) Act No. 36 of 2016 and the Election Laws (Amendment) Act No. 1 of 2017. The existing Regulations of 2012 should, therefore, now be realigned with amendments of those Acts of Parliament as I have mentioned. The Regulations provide for the general conduct of elections which include nomination of candidates, polling, counting and declaration of results. They seek to enhance efficiency, integrity in nomination and voting process by prescribing outlining measures. The scrutiny of the regulations was guided, as I have said earlier, by the Constitution and the Statutory Instruments Act, the Standing Orders, the Elections Regulations of 2012 and other relevant written laws as I have said. I wish again to confirm to the House that we are satisfied that the objective of these regulations were to provide, in a summary form, the structure for free and fair elections, elaborate tools of the returning officers, submission of party membership lists and party lists, identification of voters using complimentary mechanisms and transmission of results. The over- reaching objectives of the Regulations are to provide mechanisms for free and fair elections and 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."
}