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{
    "id": 762574,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/762574/?format=api",
    "text_counter": 1069,
    "type": "speech",
    "speaker_name": "Hon. Cheptumo",
    "speaker_title": "",
    "speaker": {
        "id": 50,
        "legal_name": "William Cheptumo Kipkiror",
        "slug": "william-kipkiror"
    },
    "content": "Let me go to Clause 5 which seeks to delete Section 29 of the Elections Act to remove the requirement that persons who nominate a presidential candidate must be members of the candidate’s political party, and further that persons who nominate independent presidential candidates must not be members of any political party. This is part of cleaning of our laws. That particular section has been declared unconstitutional in the case of Mr. Peter Solomon Gichira versus IEBC, which I referred to earlier. The court told us that the entire Section 29 of the Act is in violation of Article 27(4) and 137 of the Constitution to the extent that they imposed an unconstitutional and discriminatory requirement on persons seeking to be nominated to run for a presidential election. If I choose not to be a member of a political party, why should I be denied a chance to choose a presidential candidate? What we are doing in this proposed amendment is to merely clean up our laws so that we remove what has been declared unconstitutional by our courts, so that we do not mislead Kenyans. That is our duty. No man or woman in this country can do that business. It is us. That is the essence of Clause 5 of the Bill. I am supporting this with the constitutional requirement provisions, and also the judicial decisions of our courts."
}