31 Mar 2022 in National Assembly:
A Member said yesterday that we can just go into elections with the parent Act. I dare say that if we go into an election without these amendments--- I am sure that the Members of the Senate are listening. It is important to them. We cannot withhold these amendments. We need to process them, so that we can have a credible, verifiable and mature election that can measure up to the Constitution.
view
31 Mar 2022 in National Assembly:
Two, it is on data processing. Kenya has Turkana County, Wajir County, Ruaraka Constituency and all sorts of places. Young people tell you that there is something called 5G, 4G, Thuraya and all these technologies that have come. You have seen the issues in petitions, one after the other, including the presidential elections that we have. There are some parts of this country which you are unable to get these technologies. An election officer travels 300 The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard ...
view
31 Mar 2022 in National Assembly:
kilometres to look for that network. He goes under a tree or into a spot in which he can transmit the results. That has to be regulated. We called it a complementary mechanism in the other amendment. If you do not have it, you leave the IEBC to do whatever they wish to do with the results. You will find a returning officer who is unable to transmit the results. He takes five days in his House with the results. He then walks to Lokitaung and tries to find how to travel to Nairobi because there is no regulation. The ...
view
31 Mar 2022 in National Assembly:
The third thing is that we have to crystallise the court cases that have come about. Remember the Supreme Court, the Raila 1 and the Raila 2 petitions. Remember the second presidential vote, remember several cases that have happened, starting from the Katiba that the Leader of the Majority Party talked about, to the others that emanate from the Supreme Court decision. This is how democracy works. We make the law, but somebody else interprets it and somebody enforces the law. When we did our best as at that time, the courts have scrutinised some of those specific provisions and ...
view
31 Mar 2022 in National Assembly:
In the first page, we noted that as raw as the Bill was, we needed to make it in such a manner that it can be consumed, and so we have small things like having a valid Kenyan passport. You may wonder why we are saying valid Kenyan passport. A passport is a passport. It must be valid. An expired passport is not a passport. But for abundance of caution, because that is what Kenyans understand, especially the diaspora. One may have been in America for ten years or for donkey years and, of course, they do not have a ...
view
31 Mar 2022 in National Assembly:
Of course, in Clause 3 there are issues of nomenclature that we have had to deal with to clean up the text. Clause 3 deals with the situation of Mariga in Kibra. Somebody knew there was a by-election and he could not register in that constituency, so he went to Ruaraka and got registered and because he is a registered voter, he goes to Kibra and says he must vote. That is Clause 5. We are saying that we have to find a solution. We read the law correctly in Section 5 of the parent Act. In fact, Mariga should ...
view
31 Mar 2022 in National Assembly:
In Clause 4, we are trying to create empirical distinction or normative distinction between what is inspection and what is rectification. Inspection is a process that goes on throughout, and that is how it should be. As for rectification, just a couple of days to the election, a voter should have a right to inspect the register and say his name has been misspelled, or the area in which he is supposed to vote is not captured correctly. There is a different between inspection and rectification.
view
31 Mar 2022 in National Assembly:
Over the page, we are deleting Clause 5. I want us to talk about this, Leader of the Majority Party, with a lot of fairness.
view
31 Mar 2022 in National Assembly:
I am the one who understands the question of mass voter movement, because this is an urban problem. In Ruaraka, somebody may decide – and K.J. will tell you that because this is an urban area next to the other; and because K.J. has been blessed as he usually is with some little money in his pocket – that all members from Ruaraka want to troop to his constituency just to benefit from the little that he has. As soon as that process is done, they run again to the other side to the NG-CDF, looking for an opportunity for ...
view
31 Mar 2022 in National Assembly:
he does not live in Karen, maybe he lives in Upper Muthaiga, where there is a beautiful lease drawn by fabulous lawyers which can show that he is a tenant. Now, how am I supposed to show that I am a tenant in those carton houses? This is an affront to Kenyans. Until Article 43 and those social rights are enforced, the country must work towards uplifting the majority of Kenyans to such a level that you can then ask some of these questions. Why would you want to make the voter have the burden of proving himself to enjoy ...
view