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{
    "id": 819909,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/819909/?format=api",
    "text_counter": 27,
    "type": "speech",
    "speaker_name": "Kisumu Central, ODM",
    "speaker_title": "Hon. Fred Ouda",
    "speaker": {
        "id": 13385,
        "legal_name": "Fred Odhiambo Ouda",
        "slug": "fred-odhiambo-ouda-2"
    },
    "content": "THAT, Article 136 (1) of the Constitution provides that the President shall be elected by registered voters in a national election, conducted in accordance with the Constitution and any Act of Parliament regulating presidential elections; THAT, Article 142 (1) of the Constitution provides that the President shall hold office for a term beginning on the date on which the President was sworn in and ending when the person next elected President in accordance with Article 136 (2) (a) is sworn in and that a person shall not hold office as President for more than two terms; THAT, Article 148 (6) of the Constitution further clarifies that the term of office of the Deputy President shall run from the date of swearing in of the Deputy President, and shall end (a) when the person next elected President at an election under Article 136 (2) (a) is sworn in; and (b) on the Deputy President assuming the office of the President or (c) on resignation, death or removal from office of the Deputy President; Further Article 148 of the Constitution clarifies that a person shall not hold office as deputy president for more than two terms; THAT, Article 138 of the Constitution of Kenya, 2010 provides that a presidential election shall be cancelled and a new election held if: (a) no person has been nominated as a candidate before the expiry period set for the delivery of nominations; (b) a candidate for election as President or Deputy President dies on or before the scheduled election date; THAT, Article 180(5) of the Constitution recognises the person nominated by the governor to be his or her deputy as a candidate in the election for the post of deputy governor; THAT, Article 180(6) of the Constitution then mandates the Independent Electoral and Boundaries Commission (IEBC) to declare the nominee, of the candidate elected as the governor, to have been elected as deputy governor. To this effect, it directs that the Commission shall not conduct a separate election for the deputy governor; THAT, Section 18 of the Elections Act asserts that a county governor candidate or a political party shall not at any time change the person nominated as deputy governor candidate after the nomination of that person has been received by the IEBC. Further, in the event of death or resignation of the deputy governor nominee, the political party may substitute its candidate before the date of presentation of nomination papers to the IEBC; THAT Section 15(1) of the Elections Act provides that a presidential candidate or a political party shall not at any time change the person nominated as the Deputy President candidate after the nomination of that person has been received by the Commission, provided that in the event of death, resignation or incapacity of the nominated candidate or violation of the electoral code of conduct by the nominated candidate, the political party may substitute its candidate before the date of presentation of nomination papers to the commission. In the view of the above provisions we therefore submit that: The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}