Speaker of the National Assembly in the 13th Parliament.
He was the Bungoma Senator (2013 - 2022; Leader of Minority in the Senate (2013 - 2017)
By virtue of his position as co-principal in NASA he was retained as Minority Leader in the 12th Parliament but later replaced by his Siaya counterpart after 19 senators who attended Nasa's Parliamentary Group meeting at Parliament Buildings in Nairobi unanimously voted to replace him with Senator James Orengo on 15th March, 2018.
14 May 2019 in Senate:
Mr. Speaker, Sir, I thank Sen. Malalah for bringing this request for a Statement from a Committee in which I sit. Mr. Speaker, Sir, the ongoings in western region at large and Kakamega in particular are extremely disturbing. Marauding gangs are butchering people with absolute brutality and getting away with it. We have seen no arrest and prosecution. Mr. Speaker, Sir, we may recall that two months ago, a gang I am told calling itself the 42 brothers attacked Kilingili Market and murdered six watchmen in cold blood The electronic version of the Senate Hansard Report is for information purposesonly. ...
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14 May 2019 in Senate:
with crude weapons, 50 meters from the police station. Nobody came to the rescue of the watchmen and nobody has given a credible explanation. These killings have moved to Matungu where if you saw the television the previous night, citizens were giving harrowing stories on how people behaving like wild west gangsters in Charles Bronson‘s ― Death Wish” movies are murdering wananchi with total impunity. I urge the Chairperson of the Committee, Sen. Yusuf Haji, who is not here, to move quickly and visit the affected areas. When we were in Kilingili, we were informed that the Cabinet Secretary for ...
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14 May 2019 in Senate:
Thank you, Madam Temporary Speaker. I also wish to congratulate the Senator for Narok County for his endless effort to bring Bills to this House. This is a short Bill but with far-reaching amendments to the electoral process. I listened carefully to the distinguished Senator for Narok. I got the impression that he is trying to reduce the weight of the election petition after elections. I also got the impression that he wants to instill a little more responsibility to those who man our elections. Like Sen. Orengo has said, over 50 years since Independence, going to elections in this ...
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14 May 2019 in Senate:
So, Sen. Olekina needs to put a little more thought in this because we cannot shift the onus of transparency and accountability of elections from the referee to the player because the player is a candidate.
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14 May 2019 in Senate:
Mr. Temporary Speaker, Sir, there is a proposed amendment to Clause 3 which provides that the presiding officer shall request each of the candidates present to append his or her signature on the result declaration form. This follows 1FB(a) which states that the presiding officer shall immediately announce the results of the voting at the polling station before communicating the results to the returning officer. Take the example of the Senator‘s own county. There could be polling stations in Kilgoris, Oloolua, the Mau and Sekenani. How could he as a candidate be available to sign those forms as an individual? ...
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14 May 2019 in Senate:
So, it is important that we design a better way of executing this process. In fact, you will find that in certain hostile areas or polling stations, you could dutifully and lawfully recruit agents and send them to the polling stations but your opponents chase them away and they are excluded from the polling station completely. They could also encounter immense hostility that they feel that their lives are in danger or get compromised by being given little money and they walk away and disappear. So, as a candidate, you cannot be penalised because of the wrongdoing of your agent ...
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14 May 2019 in Senate:
The Constitution is very clear in the Bill of Rights. I encourage Sen. Olekina that we should not pass any legislation that limits the right of an individual to pursue a just course. In Clause 3 (IFG), it is stated that; where an election petition has been filed, a candidate who refused or failed to sign the declaration forms shall be barred from relying on that fact in evidence and the court shall take judicial notice of such refusal or failure to sign. If you are a lawyer who has practiced at the criminal bar, you know that even confessions ...
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14 May 2019 in Senate:
satisfied. Such a person could go away but swear an affidavit that they were forced to sign at gunpoint or rungu -point. That automatically raises an electoral dispute. You cannot water down the evidence of such a person simply because of a signature on a document because we have many injustices in our electoral system that the only last resort remains the courts. You will remember in the Presidential Petition, the Supreme Court said that the elections were not held in accordance with the law and that there were serious irregularities and criminalities conducted. So, if you limit the access ...
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14 May 2019 in Senate:
elections of 1988. In Nandi, Henry Kosgei got the longest queues ever seen in the area but the man with the shortest queues called K.K. Sego was declared the winner. We also had a similar case of Gidraph Mwangi Mweru and the legendary Matiba in Murang‘a where Matiba won by a landslide. At the end of the day, they announced the winner as the loser and the loser as the winner. We also had a case in Kitale, and I think Sen. (Prof.) Ongeri can remember this; Mr. Masinde Muliro got 24,000 votes and Mr. Fred Gumo, a debutant in ...
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14 May 2019 in Senate:
The circumstances under which I signed this form are not conducive for me to accept that I have lost this election. I come back to you as a court to look at the process – the tallying, voting, declaration and everything – and give me my justice. You cannot, therefore, be barred simply because you appended a signature on a document. This is the hallmark of electoral justice, and that is why we go to court; we go to court because injustices have been occasioned. I want this Bill, since it wants to improve the situation of elections, to be ...
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