{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=147656","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=147654","results":[{"id":1494742,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494742/?format=json","text_counter":459,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"The Temporary Speaker","speaker":null,"content":" Order, hon. Members. Allow Sen. Cherarkey to conclude."},{"id":1494743,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494743/?format=json","text_counter":460,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Sen. Ogola spoke off record)"},{"id":1494744,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494744/?format=json","text_counter":461,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"My sister, I have abandoned the statement. On the issue of the declaration of the Presidential election results, the chairman of IEBC should have the opportunity to declare the president-elect."},{"id":1494745,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494745/?format=json","text_counter":462,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Sen. Osotsi spoke off record.)"},{"id":1494746,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494746/?format=json","text_counter":463,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"The Temporary Speaker","speaker":null,"content":" Order, Sen. Osotsi. Allow the Senator to conclude. The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."},{"id":1494747,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494747/?format=json","text_counter":464,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"Mr. Temporary Speaker, Sir, we do not want to go where the ‘Cherera Four’ tried to do. I agree that the person who should declare the president-elect and deputy president-elect should be the chairman of IEBC. We do not want to go to the ‘Cherera Four’ debacle, which almost brought this country to instability. I agree with the wisdom that you brought that at least the IEBC chairperson should declare the president-elect and deputy president-elect. On the issue of electronically transmitting results, we are in the era of technology. Two hours is enough. If we are not careful with the current Gen Z technology, we can always know who is winning or who is not winning. I agree with the issue of electronic publishing of results. The County Returning Officers could be hijacked as they come through Kericho County, somewhere in Awasi, and they could disappear with the results. On the issue of auditing, I agree that we should audit after one year. The Justice, Legal Affairs, and Human Rights Committee that you chair should give us the outcome of presidential and national elections within one year. This is a good legislation. In conclusion, there are a number of MCAs who have been complaining that they were not given a chance. We need to rectify the issues that are present in elections. Let this country have trust in our institutions. I agree with your senior colleague who said that IEBC should even make nominations. Can I get an additional 30 seconds? Some of the people have lost their seats because of bungled nominations. Many people who have seen nominations will tell you that it is not an easy process. Where you come from---"},{"id":1494748,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494748/?format=json","text_counter":465,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"The Temporary Speaker","speaker":null,"content":" I now call upon Sen. Osotsi to contribute."},{"id":1494749,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494749/?format=json","text_counter":466,"type":"speech","speaker_name":"Sen. Osotsi","speaker_title":"","speaker":{"id":13588,"legal_name":"Osotsi Godfrey Otieno","slug":"osotsi-godfrey-otieno"},"content":"Thank you, Mr. Temporary Speaker, Sir, for the opportunity to also make my contribution to this important Bill—the Election (Amendment) (No.2) Bill, No.29 of 2024. That is a product of the National Dialogue Committee (NADCO) process. I am happy that this House has already dispensed with the Political Parties Act, which is now supposed to go to a Committee of the Whole House. Now, we are handling the Election Amendments Bill. I want to support the provisions in this Bill, although I have reservations about a few others. Let me start by looking at Clause 3, which states that people who register as voters during the by-election process should ideally not be eligible to contest elections in that electoral area. You remember we had the long-drawn case of Keith Kilonzo, which many people are questioning why she was not able to contest. It is important that during that period, people who are keen to be candidates are stopped, because why is it at the last minute? That is a very progressive amendment and I support it. I also want to support Sen. Cherarkey’s statement that elections in this country are very expensive. We conduct a very expensive election process and it must be looked into so that we do not derail other important national programmes. Mr. Temporary Speaker, Sir, let me also comment on what is happening now. It is a pity that this country does not have an IEBC Commission. It is very risky too. We have a secretariat but no commission. It is important that the courts also take judicial notice of The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."},{"id":1494750,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494750/?format=json","text_counter":467,"type":"speech","speaker_name":"Sen. Osotsi","speaker_title":"","speaker":{"id":13588,"legal_name":"Osotsi Godfrey Otieno","slug":"osotsi-godfrey-otieno"},"content":"what is happening in the country, because without an IEBC, we run a major constitutional risk. I am surprised that even a mere decision of coming up with a selection committee; people who will serve maybe for three months has dragged in court. Even after the court made a decision on that, some other people rushed to court. Why are the courts entertaining all this? They need to take judicial notice of what is happening to the country and of the fact that the un-availability of IEBC is a serious, problem and risk that can lead to a constitutional crisis. It is important for us to have an IEBC, so that by-elections can be held and the people of Banissa and other several electoral areas who do not have representatives can have them. Some are even unable to get services, because they do not have either a Member of County Assembly (MCA) or a Member of Parliament (MP). Clause 18 of the Bill is seeking to amend Section 33 of the Act which deals with the issue of gazettement of names of political party candidates and independent candidates to contest in an election. This is important, so that all these candidates even the independent ones are properly gazetted before an election. The amendment to Section 34, which is contained in Clause 19, talks about the people nominated who must be natives of those counties. This is important because we have seen scenarios where people coming from other counties are nominated in a different county. That effectively discriminates against the locals of that area. For example, some time back we had someone from Kisii County who was nominated in Vihiga County. I know in Sen. (Dr.) Khalwale’s Kakamega County, we had people from North Eastern region and Siaya County, who were nominated. This amendment will heal that. On the requirement of nominating candidates, we must take into account the balance of wards in that county, so that we do not have all nominated slots going to a few wards, and you find the other wards being left out. That is a very progressive amendment, and I support it. Mr. Temporary Speaker, Sir, Clause 20 of this Bill is seeking to amend Section 38 of the Act, that provides that the polling station shall be gazetted at least three months before the date of an election. This is important so that we do not have a scenario where we have late gazettement of polling stations that creates confusion, and where, during court processes we were told that some un-gazetted polling stations were involved in the election. So, it is clear, that at least three months before the general election, we must gazette all the polling stations in a particular electoral area. If you look at Clause 22, which is seeking to amend Section 39 of the Act to state categorically that- “The Commission should determine, declare, publish the results of an election immediately after the close of the polling station, and the results declared at the polling station shall be final.” Mr. Temporary Speaker, Sir, this is a progressive amendment, and it is important that we also have transparency in those polling stations, so that we have election observers, political party agents and all the people who are supposed to verify. Mr. Temporary Speaker, Sir, I would like to go back to the issue of political party agents. Kenya is among the few countries which are innovative in strange ways. If the The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."},{"id":1494751,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494751/?format=json","text_counter":468,"type":"speech","speaker_name":"Sen. Osotsi","speaker_title":"","speaker":{"id":13588,"legal_name":"Osotsi Godfrey Otieno","slug":"osotsi-godfrey-otieno"},"content":"electoral agency is performing its role and doing its work transparently, in an accountable manner, there should not be any burden on candidates to have agents in polling station. That should be the role of the Electoral Commission. The idea of having agents in polling station to verify the results is a clear confirmation that our electoral system has something wrong, and that clearly puts a lot of pressure on the candidates. You can imagine, if you are a presidential candidate in this country with about 45,000 polling stations, putting two people in each polling station. That is translates to 90,000 people manning your results, and you are paying each Kshs5,000 shillings. This means, even before you put your name on the ballot, you should have a budget of half a billion shillings, just to manage agents. That is ridiculous and undemocratic. We need to reform our IEBC, such that, there is no pressure for candidates to have agents in the polling station, because the whole process is transparent, has clarity, and is protected by a functional Commission. Mr. Temporary Speaker, Sir, I am also concerned about the amendment in Section 39(6), the one that Sen. Cherarkey was referring to. It states- “The Chairperson of the Commission shall declare the results of the election of the President in accordance with Article 138(10) of the Constitution.” Mr. Temporary Speaker, Sir, this is where we have a problem. This is one of the areas that I will be seeking amendments on. The ‘Cherera Four’ were complaining that they were not involved in the final verification and review of the results before they were declared. This provision must be enhanced further to say that the Commissioners will be involved fully before the Chairperson of the Commission declares the results, so that we do not have a scenario where some commissioners walk out and say that they were not involved in the final tallying and verification of the results. Mr. Temporary Speaker, Sir, Clause 23, which seeks to amend Section 44 of the Principal Act that talks about matters of procurement of technology, in this case, Information Technology (IT) and the issue of intellectual property rights to the technology will be vested in the Commission. This is very important because during the election, the IEBC cited in court that they could not allow access to its technology because it is an intellectual property of the technology provider. That can be an avenue to deny access to very important information by Kenyans who would wish to access that information. This amendment is very progressive. Further to it, the supplier or the associate of this supplier, must not be people who are facing issues in their own jurisdiction. For instance, they are guilty of violating the procurement laws or committed a crime or have been involved in election malpractices in other countries. This Section 44 that has been amended provides for that as well. Mr. Temporary Speaker, Sir, Clause 25 seeks to delete Section 45 of the Principle Act. This Section of the Principle Act, talks about the conditions for recall by the Republic, of Members of Parliament (MPs). The current Act makes it so difficult to recall an MP. This was deliberately put there by MPs, trying to safeguard and beat around the corners on the issue of recall. This Section has now been removed. It is going to be very easy to recall an MP including myself, if I am not performing. The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."}]}