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{
    "id": 762568,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/762568/?format=api",
    "text_counter": 1063,
    "type": "speech",
    "speaker_name": "Hon. Cheptumo",
    "speaker_title": "",
    "speaker": {
        "id": 50,
        "legal_name": "William Cheptumo Kipkiror",
        "slug": "william-kipkiror"
    },
    "content": "referring to those two cases is the IEBC versus Maina Kiai and five others. Equally, another issue was addressed here and it was held that the presidential election results declared by the constituency returning officer are final in respect of the constituency and can only be questioned by an election court. Hon. Speaker, you can see from what I have said so far that in those three cases, issues of concern touching on the election process in the country arose. I said there are well over eight cases of that nature raising various constitutional and legal issues that I could not sit and wait as a responsible patriot, citizen and as a leader of this country. The Bill I have sponsored also seeks to align the Elections Act with three decisions I have referred to and, in effect, align the Act with the relevant provisions of the Constitution. That is the foundation and basis, among others, that I felt it was important for me to come forth before this august House and take the challenge and raise these concerns. Close reading of election-related laws also reveal that where there are gaps in the law, indeed, there can be many and variant interpretations depending on the number of lawyers interpreting them. This is a highly litigant country where every Kenyan lawyer will have different interpretations of various situations and laws. Therefore, the Bill proposes specific amendments to fill existing gaps in our scheme of laws and may lead to a legal and constitutional crisis if not addressed prior to the conduct of the fresh elections. Before highlighting the contents of the Bill and the thinking behind it, I am under obligation to note that upon the Bill being read the first time, this House approved a Motion setting an ad-hoc committee which was under my chairmanship. That Committee was mandated to look into these laws and undertake public participation, which I would like to report to this House that indeed for close to a week we had time to listen to the members of the public. Hon. Speaker, allow me at this point in time to very sincerely thank the Kenyan people and institutions – both private and government – which had time to come before us. There were even areas where Kenyans were being told not to go before the Committee. Kenyans refused to listen to that call. They came forward and spoke what they thought about these proposed amendments. I would like to say here in this august House that the perception that was created outside there that these proposed amendments were meant or geared towards benefiting one coalition of this House is far from the truth. We stood as a Committee of the House duly established and constituted in accordance with our laws, our Standing Orders and the Constitution and we represented all Kenyans. We listened to those who supported the amendments and those who did not. Therefore, during the public hearings, we received views from members of the public, religious groups, constitutional commissions, professional associations, the civil society organisations, non-governmental organisations, members of the business community both from the formal and informal sector, information communication technology organisations, the media, political parties-related institutions and, in particular, the IEBC. I want to inform the nation that we received views from across all sectors of our society and I am proud that Kenyans took advantage of that public participation process to come forward and give their input. When they go through the Report that we have tabled today, my colleagues will realise that the comments were overwhelming because we captured every Kenyan in the HANSARD from the memoranda and so on. So, members will have a chance also to go through our report."
}