HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 758140,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/758140/?format=api",
"text_counter": 27,
"type": "speech",
"speaker_name": "Hon. A. B. Duale",
"speaker_title": "",
"speaker": {
"id": 15,
"legal_name": "Aden Bare Duale",
"slug": "aden-duale"
},
"content": "(vii) The Hon. George Gitonga Murugara, MP. (viii) The Hon. Stanley Muthama, MP. (ix) The Hon. Alice Muthoni Wahome, MP. (c) that, the quorum of the Committee be the Chairperson and four other Members; and, (d) that, the Committee considers the matters under its mandate and reports to the House on or before Tuesday, October 10, 2017. We are aware that following the delivery of the resounding judgement of the Supreme Court on 30th September 2017, a number of fundamental issues were raised by both the majority and minority judgements which this House needs to address itself to in order to ensure that the general principles for electoral systems as set out in Article 81 of the Constitution are fulfilled and which are geared towards ensuring free, fair and credible elections are held in upcoming 26th October, 2017 presidential election. In this regard, there is need for the election laws to be reviewed to align them with the Constitution and the Supreme Court judgement. Further, prior to the General Election held on 8th August, there were a number of court cases at the High Court and at the Court of Appeal. In particular, I want to cite the IEBC vs. Maina Kiai case, which went all the way from the High Court to the Court of Appeal and was also affirmed by the Supreme Court in its recent judgement. The Maina Kiai case declared Section 39(2) of the Elections Act null and void, which relates to provisional results being unconstitutional and stated that the results declared at the constituency level be final. In this regard, there is need to review the Elections Act to align it with the Constitution and the judgement given by the High Court and the Court of Appeal. As you are further aware, a close reading and examination of the majority and dissenting judgements of the Supreme Court indicate that there also exist lacunas in the election laws relating to the mechanism of identification of voters and transmission of results, which this House needs to address for the purpose of ensuring that the 26th October presidential election is free and fair. In this regard and pursuant to Article 1 as read together with Article 95 of the Constitution, which expresses the legislative role of the National Assembly, this House needs, therefore, to urgently review the election laws. Articles 95 and 1 give power to legislate only to the National Assembly and the Senate. If you are out there and you ask me why am I introducing a Bill, my answer to you is you first get elected, become a Member of Parliament for a constituency, then the Constitution empowers you to do that job. I am paid by the Parliamentary Service Commission (PSC) to do that. However, as you are aware, the review of laws is normally undertaken by a relevant Departmental Committee in terms of Standing Order No.127(1). However, as you are aware, the relevant Departmental Committee of the House being the Departmental Committee on Justice and Legal Affairs is yet to be established and consequently, Standing Order No.127(2) provides that this House may resolve to commit a Bill to a Select Committee established for that purpose. Standing Order No.127(2) gives powers to this House to establish an ad hoc committee in the absence of the Departmental Committee. So, we are still within law. Those of us out there who want to tell us that we are breaking the law should know that we are not. They should read our Standing Orders. This House is asked to establish an Ad Hoc Select Committee on the Election Laws comprising not more than 15 Members to examine and undertake public participation on the election laws in this Bill in compliance with Article 118. Why do we have nine Members from the Jubilee side? If our colleagues change their mind or have different instructions from their leaders, they have an opportunity to submit six names and ask the House to approve them and then we will 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."
}