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{
    "id": 760034,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/760034/?format=api",
    "text_counter": 125,
    "type": "speech",
    "speaker_name": "Sen. Kang’ata",
    "speaker_title": "",
    "speaker": {
        "id": 1826,
        "legal_name": "Irungu Kang'ata",
        "slug": "irungu-kangata"
    },
    "content": "Thank you, Mr. Speaker, Sir, for giving me the opportunity to address myself to the Election Laws (Amendment) Bill, 2017. I rise to support the proposed amendments for several reasons. First, the amendment, as appearing in the first Bill, is in respect to amending Section 2 of that original Act, so that we have a new definition of the term ‘chairperson.’ If the proposed amendment passes through, the ‘chairperson’ will mean the chairperson of the Commission appointed in accordance with Article 250 (2) of the Constitution or the vice-chairperson or a member of the Commission when discharging the functions of the chairperson. There was a major lacuna in the original Act. It did not provide for a chairperson assuming the responsibility of the chair in the absence of the substantive chairperson. We all know that anything can happen to the chairperson. The chairperson may be absent on account of being sick or official duty outside our territorial jurisdiction. Therefore, it makes a lot of sense for us to expressly provide that we have a situation where the vice- chairperson or any other member can be appointed and discharge the functions of the chairperson. We have other entities, independent commissions and arms of the Government which have a similar arrangement. I refer you to the Parliamentary Service Commission, Judicial Service Commission and any other entity. It was only in the IEBC where we had elevated the chairperson to be like the sole custodian of wisdom and everything. We did not have a situation of a deputy relieving him. There is the notion that maybe this amendment is geared towards whittling down the powers of the Chairman of IEBC. That is not true. From where we sit - those of us who belong to the Jubilee Party- we have no problem per se with the Chairman of IEBC. The country should take this point very seriously. When I look at all the laws, President Uhuru Kenyatta ought to be sworn in as the new President as soon as possible; I will tell you why. First, the NASA Coalition is relying upon the judgement of 2013 that was rendered by the Supreme Court to argue that we should have fresh nominations and elections. However, there is a problem with that reliance. Paragraph 290 of that judgement has several errors. First, there is what we call obiter dictum, that is, a ‘by-the-way’ finding of the court. It is not a substantive finding of that court or what we call ratio decidendi . It does not appear in the main judgement of that court. That means that there are some parties who did not even have the opportunity to file submissions on that issue. Therefore, one cannot say that a so-called ‘by-the-way’ finding can have major legal import of great proportion by which NASA is trying to import. Secondly, there is also the issue of the wording in that clause. I have looked at the wording and noted that it makes reference to a non-existing provision in the Constitution."
}