28 Nov 2013 in National Assembly:
Hon. Temporary Deputy Chairman, I listened to them as she made her contribution. Clearly, they are talking about something different. The proposal before us is that Clause 11 be amended in Sub-Clause 5 by deleting the expression “subsections (1)(b), (2), (3) and (4)” and substituting therefor the expression “subsection (2)”. That is where we are. We have already removed the one that we have already dealt with. We only retained (2), which says that a political party shall, within three months of the elections, submit a final expenditure report. Hon. Gumbo’s amendments are not about this particular amendment. It says ...
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28 Nov 2013 in National Assembly:
So, we remove subsection 1(b), which requires a candidate to report to the Commission three months after an election; subsections (3) and (4) are about the independent candidate’s report. So, what we will have as the law is the Election Campaign Financing Bill that only governs expenditure by political parties, and not candidates because there is nowhere else where a candidate is compelled to submit a report to the Commission. I would like hon. Members to remember that we have already amended the Bill to say that the Commission can come to you at any time and ask for information. ...
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28 Nov 2013 in National Assembly:
I would like to inform Members that we have other laws that prescribe the maximum contribution from an individual, particularly the Political Parties Act. It talks of 20 per cent. We would be better informed so that we do not contradict another statute that is already in operation.
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28 Nov 2013 in National Assembly:
Hon. Temporary Deputy Chairman, I am not convinced and I would just like to ask if possible, why the extension from three months to eight months is necessary? In the course of your campaigns, they usually change. As you keep campaigning, you might be able to convince more people to support you. If within three months of the polling day you have overwhelmingly convinced a new orgnaisation to support you, I think we should not prohibit that organisation from being able to support you because three months is good enough time. I have not understood really the justification of eight ...
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28 Nov 2013 in National Assembly:
So, with that I would like to oppose the amendment that is increasing the time to eight months because actually it may even be illegal to receive campaign funds when you are not in a campaign period. So, I really beseech the Chair to drop that particular one and leave it at three.
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28 Nov 2013 in National Assembly:
On a point of information, hon. Temporary Deputy Chairman, Sir. Maybe the Member for Homa Bay is not aware that hon. Musimba is an independent Member of his own class. I am not sure if anyone contributes to his campaign. So, he is worried that his own contributions, which might be 100 per cent, will be going to another organisation. That is what we need to address and have a special provision for hon. Musimba, probably.
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28 Nov 2013 in National Assembly:
Hon. Temporary Deputy Chairman, I understand what the hon. Member wants to achieve. If you act in that manner, then it is not clear where the money goes to. This is because at that point you cannot give money to an activity; you give money to the party, but the money is for the activity. Therefore, the wording: “activities for youth and women” should come after, in the case of party candidate nominated for the purposes of activities benefitting youth, women and the rest. That is neater, and it is clearer in terms of her intention. Hon. Temporary Deputy Speaker, ...
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28 Nov 2013 in National Assembly:
Thank you, hon. Temporary Deputy Chairman. I have heard the measures that can be taken by the Commission as read out by the Chair. I would only like to propose that this should not be done singlehandedly by the Commission, in that you do not give the Commission sweeping powers to just make declarations without providing for fair hearing as is the principle in our Constitution. I would suggest really that we have an exclusive provision; that such determinations be made once a dispute resolution mechanism and one which exists is the Political Parties Tribunal has heard the matter. The ...
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28 Nov 2013 in National Assembly:
Hon. Temporary Deputy Chairman, I think the issue that has been raised by the hon. Member is credible. If we say that in any given circumstances, if you report yourself you will be forgiven, we will be negating the entire essence of this Bill. I think what the Committee wanted to do was to provide for an extraneous circumstance that is not expected. I will give an example. During nomination, at some point we had to use choppers because of flooding and other problems that occurred, which were unaccepted. That totally goes beyond your budget. So, just to clarify the ...
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28 Nov 2013 in National Assembly:
Hon. Temporary Deputy Chairman, even as he does so, I just want him to know that if we provide that, that is only due to extraneous circumstances, then it covers the issue that he is concerned about. So, he might actually be convinced to forego the amendment, provided that it has to be in an extraneous situation that can be explained later, like the example that I have just given. Certain things can happen. In the constituencies, a road might be cut-off and one’s transport budget goes up tremendously.
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