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{
    "id": 762589,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/762589/?format=api",
    "text_counter": 1084,
    "type": "speech",
    "speaker_name": "Hon. Cheptumo",
    "speaker_title": "",
    "speaker": {
        "id": 50,
        "legal_name": "William Cheptumo Kipkiror",
        "slug": "william-kipkiror"
    },
    "content": "As I conclude, Clause 10 of the Bill seeks to insert Section 86(a). In a nutshell, presidential elections are covered in three situations. One, normal elections under Article 138 of the Constitution; two, the run-off; and three, presidential election anticipated under Article 140(3) which arises after nullification of the election. Whereas the other two scenarios have clear constitutional provisions, we have a problem with regard to presidential election under Article 140(3). The law is silent and the Constitution in not very clear. I want this august House to be remembered as the House that was able to provide for a procedure in a situation where we have a case of election like the one arising on 26th October this year. That is why I took up this issue and that is the essence of my proposal on Clause 10 of the Bill. I want to summarise because my time is over. Finally, Clause 11 touches on the issue of enhancing the penalties for a returning officer and presiding officer. We went through the law. We looked at Section 6 of the Elections Act. We listened to Kenyans. It is clear that Section 6 of the Elections Act has very elaborate provisions touching on offences by an officer of the IEBC. We are only enhancing the penalty from Ksh3 million to Ksh5 million. I will also be moving an amendment to this particular clause of the Bill during the Third Reading of this Bill. That brings me to the end of my submissions on this matter but allow me to invite my colleague to second. We want to be very clear. There were issues about timelines, and claims that we are rushing the Bill. It has been said that the timing is wrong and unconstitutional. The responsibility of this House, as stated in the Constitution, is to have no 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."
}