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    "id": 759998,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/759998/?format=api",
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    "content": "that we are carrying out. We have created this particular provision in order to allow the Commission to function and continue with its day to day activities and deliberations. It has nothing to do with reducing the powers of the Chair or the Commission, or interfering with the Commission. When IEBC appeared before us in the last public hearing, they were okay with all these provisions and yet there are other people making a lot of “noise”out there. Another provision that I wanted to look at is the qualification of the Chair. In the Bill that I tabled on the Floor of this House, initially I thought we needed to take care of the qualifications of the IEBC Chair so that we can open up the field to other professions, but from the amendments from the National Assembly, it clearly means that we can leave the qualifications of the Chair as provided for in the Act because the day to day running of the Commission requires the mind of a lawyer who can look at legal issues and interpret them. It also needs a person who can look at tribunals’ decisions and make decisions. Mr. Speaker, Sir, in the current Commission, the Chair is the only person who is a lawyer. In other commissions, you will find about two or three commissioners are lawyers and this clearly is in line with the activities of the Commission. In our deliberation in my Bill, we thought that in future, we need to introduce a clause where two or three members of the Commission are supposed to be lawyers. We have retained the qualifications of the Chair of IEBC but the Vice Chairperson or the commissioner who will act in the position of the Vice Chairperson need not be holding the same qualifications. That means that if I am acting as Vice Chairperson I do not have to be a lawyer. The Chairperson and the members of IEBC are comfortable with that. It does not mean that we are taking away the powers of the Chairperson as indicated by some people. The other provisions we have created relate to who should run for election in the event that the election is nullified.This is a clear provision. It has nothing to do with manipulating the process or changing the game. We are just indicating what happens in the event the election is nullified as stipulated clearly in this particular amendment. Secondly, in Section 86 (a) we are legislating on who should run for a repeat election once an election is nullified. We all know what happened this morning. There is no provision in the current legislation to take care of that lacuna. Dr. Ekuru Aukot was today allowed to run for the repeat Presidential election. We are, therefore, providing for this specifically, and there is nothing wrong with that. We are just ensuring that wherever there is a lacuna, we take care of it in legislation. Mr. Speaker, Sir, the final amendment I can see in this particular Bill is the issue of enhancing the penalty which is not there. Section 6 of the Elections Offences Act, 2016, is amended in the closing statement by deleting the words “Kshs 1 million” or “imprisonment of a term not exceeding 3years” and substituting the word “Kshs 2 million or “to imprisonment for a term not exceeding five years”. This is the practice all over. |It is not illegal and does not favour Jubilee or anybody. In conclusion, this Bill has come at the right time when Kenya is bleeding and requires a solution. I will urge my colleagues who have just come in, logged in their cards and walked out, that they are just cheating Kenyans out there when they are saving their jobs in this House. They do not care what is happening to the public. There is no service"
}