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{
    "id": 759992,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/759992/?format=api",
    "text_counter": 83,
    "type": "other",
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    "speaker": null,
    "content": "created out there in the public. If you look at the provisions of the Bill, I think most of the people who are talking out there have not read the Bill to understand its content. I am asking the public and everybody who is making stories out there to read this Bill and understand it properly. Mr. Speaker, Sir, you will see that this particular Bill is aligned to various decisions that were made in our courts like the cases of Maina Kiai, Peter Gichira and many other decisions; especially the Maraga 2017 decision and the 2013 Supreme Court decision. So, there is nothing wrong with this Bill that is aiming at benefitting the Jubilee Party or Hon. Uhuru Kenyatta. This Bill is for the benefit of the whole country and it is important that everybody reads this Bill and understands it. Secondly, this Bill gives meaning to what reform is all about. As it is, there are a lot of gaps or lacunas in the current legislation, such as the Election Act and the rest, that we are amending. If we go for elections on 26th October, 2017, with the Act as it is, we are going to have a gap and a constitutional crisis. This Bill is important and it is addressing all those issues. Mr. Speaker, Sir, as I mentioned earlier, this Bill is exactly like the one I moved in this House. Our Bill is supposed to go for the Second Reading, but since this has come, we are debating this particular Bill and we are going to subject it to the process that is legally required through this particular House and as per the legislation that is laid out. We held public hearings to collect views on the Bill that I had tabled in this House. A lot of ideas were given to us that clearly showed us that this Bill is very important to Kenyans. This is because of what is happening in the country and what has happened even before in the Judiciary, particularly in the Maraga Ruling. There are several amendments that were introduced to the Bill that I Tabled in this House during the public hearing. Looking at this Bill, I can see that those amendments are included in this Bill that has been sent to us from the National Assembly. In Section 2 of the Bill, it is talking about the definition of the Chairman in the event that we are running an election and there is only one Chairman who is legally qualified to declare the results. We have accommodated or created that the “Chairman” means the “Vice-Chairman” too; and this is the provision in so many legislations. If you look at the Parliamentary Service Commission Act, it clearly shows who the Chairman and the Vice-Chairman is, and those definitions are all over. If you look at the Judicial Service Commission, you will find that the Chairman and the Vice-Chairman are clearly defined. There is nothing wrong in making sure that we have taken care of that provision. This is the only House or place where this situation can be corrected. This situation cannot be corrected by people running around, throwing stones and saying ‘no reforms, no election’. That is not a solution! Let them come back to this House for us to find a solution to this particular problem. Mr. Speaker, Sir, looking at the provision of Section 3, which is to be amended, we are looking at where there was a lacuna or no provision. In the event that there is a vacancy in the office of the Chairman of IEBC, what needs to be done? We have provided for that because that is clearly a lacuna with regards to what needs to happen if that vacancy arises. Similarly in Section 3(a), we have provided for what is to happen in the absence of the Chairman, which is a lacuna in the current legislation. What should happen or who should take over in such an instance? Clearly, this is what is anticipated"
}