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{
    "id": 928127,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/928127/?format=api",
    "text_counter": 284,
    "type": "speech",
    "speaker_name": "Mathare, ODM",
    "speaker_title": "Hon. Anthony Oluoch",
    "speaker": {
        "id": 13425,
        "legal_name": "Anthony Tom Oluoch",
        "slug": "anthony-tom-oluoch-2"
    },
    "content": "selection panel, it is suggesting that we have nine members. But more importantly, it is recommending that we keep Parliament off the process of the selection panel, and there is a very good reason for that. It is that IEBC will have commissioners who will be required to be non- partisan, independent and away from the influence of the main actors in the election. As Members of Parliament, we are interested and we are partisan. The Constitution and the Leadership and Integrity Act require that we declare conflict where we have interest. The best practice would be that where we have interest in the outcome of something, we stay away from it. The second reason is in the instance where there was a Motion and recommendations by PAC for the removal of Commissioners. There was a ruling by the Speaker which stated as follows… These were contributions which were mainly made by Hon. Kaluma, and which I agreed with largely. I was initially not persuaded but, eventually, I saw the logic. This House cannot sit as a judge in its own cause. We are appointing a selection panel which will appoint commissioners. We will again sit to consider the persons who have been selected before they are appointed. I think there is conflict there. The matter would best be served if Members of Parliament would stay away from the process in terms of getting the selection panel and wait until the commissioners are nominated so that we can eventually have our say before the appointments are made. For this reason, I very reluctantly want to suggest that the Mover of this Bill, the Chair of Departmental Committee on Justice and Legal Affairs, steps down this Bill or withdraws it so that we have a more comprehensive and consultative approach to this; a wider approach to amend the Elections Act and deal with the issues of IEBC as opposed to the issue of the selection panel alone. Lastly, I want to address the issue of the crisis. There has been a crisis for while over a year now. There has been a court ruling and back and forth decisions whether or not three IEBC commissioners can conduct the business of IEBC. Eventually, the commissioners somehow prevailed and they have conducted part of the business of IEBC. If we have waited for over one year, we can wait for another three months so that we have a process where we can take on board not only the views of the Bill that is pending before the CIOC, but also other initiatives out there. There is the Punguza Mizigo Initiative which has tinkered with some provisions that touch on elections. They have even reduced the number of electoral positions that we will be dealing with. How will those be dealt with when it is possible that we will tinker with the Constitution and the Elections Act in the manner in which we conduct our elections? So, I want to suggest that this Bill in its current form is not tenable. This Bill requires that we step it down and have the widest consultations possible before we can have an elections law that everybody has confidence in. I very reluctantly suggest that the Bill be stepped down. I thank you, Hon. Temporary Deputy Speaker."
}