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{
    "id": 760088,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/760088/?format=api",
    "text_counter": 179,
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    "content": "In fact what we conceded in that provision was that instead of the word “person” let us talk about a member of the Commission. I can see that my time is almost up. In terms of quorum, Sen. Wamatangi and the rest have said it very well. We are not saying that the quorum becomes three members. We are saying that the quorum be 50 per cent of the members currently existing, provided that it does not go below three which is the constitutional minimum of a constitutional commission. More importantly, if you read the ruling of the Supreme Court, the biggest reason as to why the election was annulled was because of the transmission of results. We had to provide within that complementary mechanism that we will electronically transmit results and physically deliver the results and the forms to IEBC. I will read section 1(e) which says:- “Any failure to transmit or publish the results in electronic format shall not invalidate the result as announced. If there is a discrepancy between the electronically transmitted and the manually delivered, there must a decision as to what was announced in the polling station for a declaration to be made.” That is a provision that is extremely important and I will ask Members to make sure that they go through this. More importantly, there was an issue within the law which made them annul the elections. This was because of irregularities and illegalities which could not overturn the outcome. There is no perfect election in this world. We are saying that even if there are certain irregularities or illegalities, but they are not material enough to change the will of the people or they are not big enough to change what the outcome would have been, then they shall not invalidate an election because of those irregularities or illegalities. Those are provisions that are extremely important that we must support in the House. Finally, another provision that we must be aware of as Members is that the Chairman may declare a person elected as the President before all the constituencies have submitted the results. This can happen if in the opinion of the Commission, the results that are pending are not enough to affect the results of the outcome. If they, probably, see that Sen. Olekina has held results for Narok North, but they are not enough to change 50 per cent plus one or the 25 per cent in 24 counties, then no one will hold the Chairman at ransom from declaring a President. Today, this country is being held at ransom because of one section of our political divide. We ask ourselves if we should also stay frozen or should we play our mandated role, given by millions of Kenyans, to actually correct those wrongs. History must judge us right and history will judge us right. Indeed, we are playing our role to sort out those anomalies. Nothing would have been more irresponsible for Parliament as burying our heads in the sand and waiting for another election to be annulled knowing what the Judiciary has said with regard to that. Finally and this is completely final for I can see the hon. Senator looking at the time. Article 142 is very clear. The term of office of the President is from the time he is sworn in to the time another President is sworn in. If NASA wants to take us in circles until next year, until the year after next, it is okay. We do not want this election more than they do. Uhuru Kenyatta will remain President until the day another President is elected and sworn in. Even if it is 2022, it shall still remain his first term."
}