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{
    "id": 945136,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/945136/?format=api",
    "text_counter": 204,
    "type": "speech",
    "speaker_name": "Emuhaya, ANC",
    "speaker_title": "Hon. Omboko Milemba",
    "speaker": {
        "id": 13328,
        "legal_name": "Jeremiah Omboko Milemba",
        "slug": "jeremiah-omboko-milemba"
    },
    "content": "many different ways. Most of the responsibility would be given to Parliament to actualise the final details of every law. Article 100 of the Constitution requires that Parliament enacts legislation to promote the representation in Parliament of women, persons with disabilities, the youth, ethnic and other minority groups. This Bill has been put before us in the correct way and the right perspective because it is our business. As we do this business, speaking after many other experts and contributors, I find it necessary to say, at the outset, that we need to be brave over what we are about to go through. This is so that we can bite the bullet and take care of the mandate that we have been given. We cannot run away from it. The question becomes how we implement this. The Committee has been very good in trying to amend seven statutes to try and achieve this. Like the Speaker said earlier, this country operates under an electoral system that is first- past-the-post. First-past-the-post is a system whereby the winner has it with whatever margin. Having taught history, the first-past-the-post has the disadvantage of sometimes giving it to the winner yet he has a very small margin as compared to the people who are opposing him, especially in cases where we have many candidates or other factors which influence elections. Therefore, it is important that affirmative action be taken to bring to the fore those who are marginalised. I also want to thank the Committee for the definitions we were given of marginalised groups. We also risk getting into a situation where people who are not marginalised will rush to be included on the list of marginalised groups and, therefore, benefit unfairly from a list that they should not be on in the first place. The Speaker directed that the definition of the marginalised is found in Article 260 of the Constitution. It is ring-fenced. The language used there does not allow for the addition of other people. They are defined from a perspective of where they come from, how they have been living, their culture, their ways of life and even economic status for instance, the hunters and gatherers that we have in this country. As we do this, we need to look at certain contradictions that may lead us to favouring a group against others. One such area would be the election campaigns financing. We must tackle that as a House and not the Committee alone. We finance the marginalised using political parties. One way of enhancing their participation in democracy would be financing. But to what level? That level must be defined in law. The urge of a political party is not usually to give a balance of the law that those are the marginalised, the women and the youth. A political party goes to an election with the intention of winning. They want to win, get more seats of whatever percentage in respect of this particular law. Therefore, we have to look at that with the Committee very clearly to see how we shall mitigate that vis a vis the interest of political parties. The history of marginalization in Kenya and its perpetuation during the colonial period was because Africans were not represented in Parliament. They were not allowed to vote in the earlier stages. The earliest attempt to include them came in the form of nomination. That is how Eliud Mathu came to this House. Later on, it expanded slowly. As the Committee retreats, it should look at how to combine the issue of nomination or inclusion of the marginalised groups with a competitive election in this country that is in law and the fact that we are following the universal suffrage as a way of electing our people into Parliament. It is not only the Committee, but all of us who should look into that. In so doing, we can again favour certain political parties that come from areas… I have been told, Hon. Temporary Deputy Speaker, with due respect, 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."
}