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{
    "id": 735989,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/735989/?format=api",
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    "content": "view but the rule is there. For the independent applicants to achieve that opportunity, the Committee must first determine whether there is a qualification of any person who will be appointed as independent pegged on the number of independent MPs. For this year just as a way of example, it would be impossible to get an independent person because when you do the mathematics, you will come to the conclusion that independent MPs are not as many as possible to enable any member of the public to also get an opportunity to apply as independent persons for now. But in future, assuming we will have 100 independent MPs there will be room for Kenyans based on the calculations to have an allocation of two or three people who will be elected using the caucus of independence as a calculative measure to enable them to access the EALA but for this year it may not work. That is why I said that this has been allowed because of the technicality of the law. If we did not allow, we would possibly have Kenyans going to court and saying there is a category of Kenyans who will not be considered. However, providing for it in the regulations, we insulate the process from the kind of challenges we had last time when we had protracted court cases that delayed the process of appointing MPs. So, we wanted to confine ourselves within the permissible standards and parameters of the law. Mr. Temporary Speaker, Sir, the first part of the argument is that Kenyans will serve in the EALA based on the quota allocated to their political parties. If you have an independent applicant, it should be based on the quota allocated to independent MPs who serve in Parliament. Secondly, for lack of better words, you will have two polling stations. The first polling station will be the “Upper House” which is the Senate and the other polling station will be the National Assembly. I am using the analogy of a polling station because the Speakers will be the returning officers and the Clerks will be the presiding officers in both Houses. We will have results from both Houses that will be announced and tallied in the usual manner of communication between the two Houses on the number of votes from each. However, Members must be very keen. As we speak now, the Coalition for Reforms and Democracy (CORD) has been allocated four Members who will join EALA while Jubilee will have five. Members must understand that the list that will be provided will have part one and two. In part one with five Members to be elected, 15 Members will be proposed. Members will have to tick against five names in part one. Part two will have 12 Members and voters will tick against four names in that category. This is very important because we will have a ballot paper to vote for nine people. For the nine people to be voted for, you will have to tick the requisite number in the category that you will be required to do. Otherwise, the ballot paper will be spoilt. Since we will do the exercise in less than two months, it is very important that before the exercise begins, Members will have to be taken through the process so that they do not go to category “A” which could be for Jubilee and tick nine people. If you do that, you will have spoilt the ballot paper because you will have to tick against five names or less. In the CORD category, you will have to tick against four names or less. These are processes that Members must be taken through with speed so that they understand the requirements that will be put. We will have to retain the independence and integrity of the two Houses and the independence and integrity of bicameral legislature. We have made it clear that there will 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"
}