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{
    "id": 945087,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/945087/?format=api",
    "text_counter": 155,
    "type": "speech",
    "speaker_name": "Funyula, ODM",
    "speaker_title": "Hon. (Dr.) Wilberforce Oundo",
    "speaker": {
        "id": 13331,
        "legal_name": "Wilberforce Ojiambo Oundo",
        "slug": "wilberforce-ojiambo-oundo-2"
    },
    "content": "and issues that require sober and serious discussion, probably this is the right direction towards fulfilling some of the requirements under Article 100 of the Constitution of Kenya, and probably aspects of Article 27 of the Constitution. This Bill intends to amend roughly seven statutes that exist in law at the moment. Most of the statutes being amended generally relate to election and related matters because it is intended to effect Article 100 that talks about a process where we ensure that the mentioned categories have access to Parliament and be elected. However, it raises two fundamental issues that require sober discussion devoid of any emotions and other external pressure. One is the issue of women. This is a debate we have had in this country for a long time. I am at pain to understand, believe or to be convinced that women can fall into the group of special interests. Indeed, in a population where they are the majority, it beats logic to assume that they require special attention. The contributors before me have railed on this issue and it is becoming apparent that we have to relook at this particular matter. It is a fallacy, unprofessional and unethical to believe that all women are homogenous in characteristics and economic status to a point that all of them have no muscles to move anywhere. It is, therefore, important that when we are talking about women, it might be necessary to break down the various categories of women in terms of cultural issues, socio-economic activities and the rest of those issues to enable us know which ones require special attention. A millionaire woman cannot be considered to be a special group or marginalised compared to a pauper man in the villages all over this country. It is important that, as a community, we give this discussion a sober debate to avoid a situation where we legislate where it is not possible to implement. I am also at pains to understand why the Persons with Disabilities Act of 2003 is included in this matter. The object of Article 100 of the Constitution deals with Parliament and the election process. Defining, including or expanding the mandate of the commission that deals with disabilities to include public decision making bodies is beyond the mandate or the intention of the Constitution. We need to look at those issues. The Bill might have very progressive views but I just want to pick one or two issues that require serious interrogation. Clause 10 of the Bill as presented to us today seeks to amend Section 26(1) of the Political Parties Act of 2011. It provides as follows: “Promoting the representation in Parliament and the county assemblies of special groups through civic education, capacity building, and facilitating party candidates in campaigns, publicity and such other measures as may be approved by the Registrar.” Hon. Speaker, those particular provisions have serious political implications which in my view are discriminatory and might be a breach of Article 27(4) of the Constitution. Providing special treatment to a particular political participant in a political race is essentially creating an uneven field that will not result into a democratic society. In this country, when you talk about facilitating party candidates in campaigns, what is the operative word here? It could actually mean financing, giving them undue security arrangement by the police, undue advantage on the voting day and anything that pertains in tilting the playing ground in favor of a particular person. That is discrimination and is a breach of the Constitution of Kenya. I would ask the Constitutional Implementation Oversight Committee (CIOC) to seriously re-look that particular provision. When it comes to the Committee of the whole House we must re-look that particular position. 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."
}