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{
    "id": 762571,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/762571/?format=api",
    "text_counter": 1066,
    "type": "speech",
    "speaker_name": "Hon. Cheptumo",
    "speaker_title": "",
    "speaker": {
        "id": 50,
        "legal_name": "William Cheptumo Kipkiror",
        "slug": "william-kipkiror"
    },
    "content": "Yes, Hon. Speaker. I agree and earlier I shared with my colleagues but let me also emphasise because perhaps others were not present. We have enough copies or our Report in Room No.8. So, members feel free to have a copy so that as we give our input in this Second Reading of the Bill, we have an informed debate because there are very important issues raised by the members of the public. Further, the proposal contained in the Report just tabled shall inform the basis of the amendments that I shall move l at the Committee stage on behalf of the Committee. It is important for me at this point to mention that we were not doing public participation in vain. It was not a public relations exercise. That is why after listening to the public, there were valuable ideas that informed the Committee in dropping some of the amendments. I shall note the clauses in which I am fully in agreement with the Committee. Hon. Speaker, allow me to move to the specific clauses of the Bill. I believe my colleagues have copies of the Bill because as I take you through, it is important that you refer to those clauses. Clause 2 of the Bill seeks to amend Section 2 of the IEBC Act. The definition of the chairperson under the Act is so restrictive. It only talks about the chairperson with no provisions for a situation where that chairperson is not available - either he is absent or that office has fallen vacant. Therefore, Clause 2 of the Bill seeks to amend Section 2 of the Independent Electoral and Boundaries Commission Act. The current definition of the word is limited and does not provide adequate room for continuity in the event the person appointed as the IEBC chairperson either resigns or is incapacitated in a manner that precludes him or her from carrying out the duties of the office of the IEBC Chair. This is especially with regard to discharge of duties that only a person holding the office of the IEBC Chair can discharge. Article 138(10) gives the IEBC Chair the responsibility to declare the results of the elections - in the case of presidential elections - and deliver a written notification of the results to the Chief Justice and the incumbent President. Those are the clear words of Article 138 (10). That is the kind of responsibility that the Chair has. What would happen if that Chair was to be absent - for whatever reasons - and an election is held? It means, therefore, that there will be nobody to declare the results. It also means that there will be nobody to deliver a written notification of the results to the Chief Justice. How then will this country move in a situation where Kenyans exercised their sovereign will to elect a President and there is nobody to perform the functions under Article 138 (10) of the Constitution? Those are the issues I noted which this House has the responsibility to legislate and pass laws on. That is why when I hear people saying that we are doing public relations and trying to dilute the constitutional provisions, I wonder what that means. Given the scenario that I have stated, it is justifiable that this House addresses that situation. Article 259(3)(b) of the Constitution states: “Every provision of this Constitution shall be construed according to the doctrine of interpretation that the law is always speaking and, therefore, among other things – (b) any reference in this Constitution to a State or other public office or officer, or a person holding such an office, includes a reference to the person acting in or otherwise performing the functions of the office at any particular time.” Again, I am not quoting the Bible or the Quran. I am quoting the supreme law of the land – the Constitution. Therefore, how then can those proposed amendments become unconstitutional? This is an Assembly of elected national leaders. If we do not do it, who will do The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}