HTTP 200 OK
Allow: GET, POST, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"count": 1608389,
"next": "http://info.mzalendo.com/api/v0.1/hansard/entries/?format=api&page=139559",
"previous": "http://info.mzalendo.com/api/v0.1/hansard/entries/?format=api&page=139557",
"results": [
{
"id": 1411991,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411991/?format=api",
"text_counter": 383,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
},
"content": " Hon. Murugara, you have forgotten to mention the Chair."
},
{
"id": 1411992,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411992/?format=api",
"text_counter": 384,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": " I also profusely thank Hon. Temporary Speaker, who is a Member of our Committee. I confirm that we sat with the Senate’s Standing Committee on Justice, Legal Affairs and Human Rights."
},
{
"id": 1411993,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411993/?format=api",
"text_counter": 385,
"type": "speech",
"speaker_name": "Ugunja, ODM",
"speaker_title": "Hon. Opiyo Wandayi",
"speaker": null,
"content": " On a point of order, Hon. Temporary Speaker."
},
{
"id": 1411994,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411994/?format=api",
"text_counter": 386,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
},
"content": " What is your point of order, Hon. Opiyo? 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"
},
{
"id": 1411995,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411995/?format=api",
"text_counter": 387,
"type": "speech",
"speaker_name": "Ugunja, ODM",
"speaker_title": "Hon. Opiyo Wandayi",
"speaker": null,
"content": " Hon. Temporary Speaker, I am sorry to interrupt the Chairman of the Departmental Committee on Justice and Legal Affairs. I have been told, through whispers behind me, that there is a Report from his Committee. I have not seen it. Can you direct that I get a copy?"
},
{
"id": 1411996,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411996/?format=api",
"text_counter": 388,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
},
"content": " Hon. Opiyo, it is available. You will get it. Proceed."
},
{
"id": 1411997,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411997/?format=api",
"text_counter": 389,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. Leader of the Minority Party, Hon. Opiyo Wandayi, the Report was tabled. So, you will get a copy. You need to read it because it has certain proposals which may be of interest to you and the entire House. As you said earlier, nobody else in this country can make anything that has force of law, apart from Parliament. Therefore, what was brought here by the NADCO is only a proposal. The real law will be made by this House. I confirm that we sat with the Senate’s Standing Committee on Justice, Legal Affairs and Human Rights. I emphasise that we did public participation together. When this Bill goes to the Senate, it will not have a second public participation. We also hope that there will be no undue delay with further amendments. Hon. Temporary Speaker, I wish to speak to the proposed amendments. When the Departmental Committee on Justice and Legal Affairs sat, we were convinced that in spite of this being a negotiated document, there were certain areas which needed to be made even better than they are. This is because the law being proposed here is for posterity. It is for the future of the country, but not for any negotiation or anything else. We are making a law that will serve this country and the future generations in the best way possible. Very quickly, I confirm that we looked at Clause 5 that proposes a three-year renewable term. We agonised over this. Beginning with where we are today, if for any reason we are to get a secretary today, that secretary will serve a term of three years. If the secretary is not good, then the contract will not be renewed after the three years. We will be having a new secretary as we go to the elections of 2027. What is the effect of this? In spite of the fact that some unparliamentary language is being used about it, we questioned why commissioners are given a non-renewable six-year term. The reason is so that they are able to go through an election cycle. We found it prudent that a secretary must also go through an election cycle. If you appoint a secretary during the first year after an election, he or she will not do an election. The next secretary may have less than two years to do an election. This does not guarantee properly prepared elections. This Committee will propose an amendment for the secretary to have a non-renewable six-year term. We will combine the fears of the three-year term that they had with the renewable three-year term to get a six-year fixed term. That does not mean that the person has to serve the three years. We have provisions on how a secretary can leave office. He or she can leave office if he breaches any of that. The appointment is going to be that one serves a non- renewable six-year term. We have also made it clear that the current secretary has accrued rights and legitimate expectation. In the amendments, we will preserve the term “unexpired” on the contract that he has. From his contract, which may be of six years, he has one-and-a- half or two years to go. We have preserved that because we do not wish to face lawsuits because of legitimate expectations. We have also made a few more recommendations, including on Clause 7. It proposes to amend Section 36 of the Act. Having looked at it carefully, we have rearranged Section 36 so that it becomes New Section 24B. That is where we are going to anchor Schedule Five, which is actually in respect of delimitation. The country is yearning for that very important exercise. Regarding the dissolution of the selection panel, we have left it as it is. However, we have to introduce a clause that kicks in the President’s action to declare vacancies. As per this 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"
},
{
"id": 1411998,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411998/?format=api",
"text_counter": 390,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": "law, the person Hon. Wandayi is complaining about can be in office indefinitely. Therefore, the President must declare the vacancies within a given period. After that, we have made a proposal on the selection panel. The National Dialogue Committee has provided the nominating agencies here and said that they will do it in a competitive manner within 14 days. After that, the President will have seven days to name the selection panel. We also looked at additional qualifications as regards to the selection panel. Those with competency in ICT, accounting and mathematics are extremely important. We do not want people to plead ignorance; that they did not know what it was, that they never understood what was happening. The chairman has to have a high qualification of a Judge of the Supreme Court and the other members must possess degrees that are recognised in the country. There are also other set rules which they must comply with, and they must have proven knowledge and experience in accounting and ICT. We also had a discussion on quorum because we have seven commissioners. It may be onerous to make it that quorum will constitute five. So, our question was: Four is actually the majority, why do we not have quorum being four and the other three may be on standby just in case? Otherwise, there may be problems in the commission discharging its duties. We got wise counsel and we accepted it. The reason NADCO has provided that they be five is because if you have a quorum of four, which is an even number, there may be decisions required where votes are necessary. If you take a vote of four people, you will have a draw. We will have to think about a casting vote and we would also have to think about if there is no majority, the vote is lost. We actually saw sense in the NADCO provision that the quorum be five. There may be other amendments which we have proposed. Therefore, it is vitally important that every Member gets a copy of the Report of the Departmental Committee on Justice and Legal Affairs, which we have tabled and go through it so that you acquaint yourselves with what we propose to do. This law is vitally important. We know very well that for almost two years, the country has run without the IEBC. Thank heavens, we have not had many of the problems which we would imagine. We do not want this to go on. Let us move with speed, constitute a selection panel, have the commissioners in place, and we begin with gusto what the IEBC is supposed to do, one of those ones being the delimitation and review of boundaries between wards and constituencies. With those remarks, I beg to support."
},
{
"id": 1411999,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411999/?format=api",
"text_counter": 391,
"type": "speech",
"speaker_name": "Hon. Farha Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": "Hon. TJ Kajwang'"
},
{
"id": 1412000,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1412000/?format=api",
"text_counter": 392,
"type": "speech",
"speaker_name": "Ruaraka, ODM",
"speaker_title": "Hon. TJ Kajwang’",
"speaker": null,
"content": " Hon. Temporary Speaker, I rise to support this legislation. First, I want to thank you, Hon. Temporary Speaker, for the manner in which you are leading this debate. It is very reasonable and we Members of both sides feel very comfortable in the manner in which it is going. We think this is how to handle a very fragile and emotive political issue. Allow me also to congratulate the parties that were involved in negotiating this discussion because they found wisdom to arrive at proposals which can bring the country together from both sides. I was in chambers when the Leader of Majority Party presented his views on it and when the Leader of the Minority Party, the two of whom are co- sponsors of this Bill, presented. In many respects, they mirror what we as a Committee discussed. The Departmental Committee on Justice and Legal Affairs is one of the most contemplating committees to be a member. One would have to be one of the many to be a Member of this Committee because, you know, what we go through and how we process Bills. So, when we bring them into this House, we have really searched and put our heads on it in spite of the circumstances that we face. This is the Bill of make or break in a society. Elections, especially in Kenya, have been billed to be a very strong pillar in socio-economic interactions of people. If we mismanage elections, we probably mismanage everything else. The IEBC Act or the amendments that we propose today, are the pillar that many of these things will revolve around. The fact that this 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"
}
]
}