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"id": 759120,
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"content": "Ndung’u, which were well reasoned. These dissenting opinions do not form part of the decision of the Supreme Court of Kenya. On the decision of the majority of Judges of the Supreme Court of Kenya, there are so many things that confused the judges. I have had occasion not just to read the judgment, but to also sit in theSupreme Court of Kenya for 12 hours, listening to every judgment that was read. The judges were struggling to find where to place the complementary system of transmitting election results. The judges fell short of saying “had we been given a complementary system---.” In fact, they ordered that the Independent Electoral and Boundaries Commission (IEBC) should go back and put in place a complementary system. When we say that the IEBC should put in place a complementary system, we are actually saying that there is absence of proper guidance to the IEBC on how they are going to have a complementary system of transmitting results. That is why I congratulate the initiator of this Bill because it is a very brilliant Bill that retains the electronic transmission of results while at the same time providing the manual system of transmitting results. For the record and for purposes of informing the public, people must know that when we went to vote on the 8th of August, 2017, and all Senators seated in this House, including Sen. Orengo – who was in another meeting with me earlier this morning – all of them were elected by citizens by casting a manual vote in a polling station, which vote was then counted manually. Actually, when you go to the polling station, you are identified, you are given a manual paper, you walk manually, you sit down manually and you mark the ballot paper manually. From that manual marking, you then go manually and drop the ballot paper in a box manually, not electronically. When the Election Day is over, you recall the manual box, open it and you put all the papers on a table at the polling station and they are then counted manually; one, two, three, four. Ultimately, even the calculation is manual. In rare cases do people use a calculator. After the elections are announced, the votes are recorded in a form, which is filled manually. It is only at that point in time that you retain the original manual form and transmit a copy electronically to the National Tallying Center (NTC) and the Constituency Tallying Center (CTC). Therefore, Madam Temporary Speaker, in an election process which is 80 to 90 per cent manual, this Bill is trying to say that we should preserve the original documents which were used to procure the results. That is the first point. The second point is that there has been confusion as to where can we have fresh elections; who seats to determine fresh elections and how fresh elections are going to be done. The Supreme Court of Kenya gave its opinion in 2013. What this Bill does is to reduce that opinion into law so that there is no doubt as to who can participate, at what stage and at what instance. Madam Temporary Speaker, another very important provision in this Bill is with regard to the management of the IEBC. There are people who are saying that Jubilee or maybe Sen. Dullo, who has come up with this Bill, wants to chase away the Chairman of the Commission; far from it! We are human beings; we are not creatures or machines. Sometimes, even machines fail. Sometimes, you may get flu on a day that you are required to announce the results. So, it is important to put contingency measures such that if the Chairperson is not there, the Vice-Chairperson should be able to announce the results. If two or three commissioners are sick, the Commission must continue because"
}