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{
"id": 1392751,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392751/?format=api",
"text_counter": 663,
"type": "speech",
"speaker_name": "The Temporary Speaker",
"speaker_title": "",
"speaker": null,
"content": "(Hon. (Dr) Rachael Nyamai): Hon. Timothy Kipchumba, proceed with your debate with that information in mind. Being the Vice-Chairman of the Committee, he must have information on the Bill."
},
{
"id": 1392752,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392752/?format=api",
"text_counter": 664,
"type": "speech",
"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Kipchumba",
"speaker": null,
"content": " Hon. Temporary Speaker, unless I am not reading the right thing, Clause 12A (3) of the Bill is very clear that the President shall, on the recommendation of the Public Service Commission and approval of the National Assembly, appoint the Chief Administrative Secretaries. ‘Approval’ implies vetting. This House will vet the Chief Administrative Secretaries and ascertain whether they are fit to serve the country."
},
{
"id": 1392753,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392753/?format=api",
"text_counter": 665,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": " On a point of information, Hon. Temporary Speaker."
},
{
"id": 1392754,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392754/?format=api",
"text_counter": 666,
"type": "speech",
"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Kipchumba",
"speaker": null,
"content": " I do not need further information. Let me proceed with my argument. When they address the House on this matter, they will raise those arguments."
},
{
"id": 1392755,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392755/?format=api",
"text_counter": 667,
"type": "speech",
"speaker_name": "The Temporary Speaker",
"speaker_title": "",
"speaker": null,
"content": "(Hon. (Dr) Rachael Nyamai): Hon. Chairman, I will allow Hon. Timothy Kipchumba to continue with the debate. If you note something is not accurate, you will deal with it later."
},
{
"id": 1392756,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392756/?format=api",
"text_counter": 668,
"type": "speech",
"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Kipchumba",
"speaker": null,
"content": " Very well, Hon. Temporary Speaker. The fact that this House has been given the mandate to approve the appointment of the Chief Administrative Secretaries is a plus. We will ascertain whether these individuals qualify to serve in that capacity or not. It also provides that they must meet certain minimum constitutional requirements like compliance with Chapter Six of the Constitution. That is an integrity test which was not available prior to the proposed Bill. It clearly provides that a person who has been convicted of an offence carrying a penalty of imprisonment for a term of at least six months does not qualify to be appointed. However, there is a problem here. It says that if that person pays a fine, then he will be eligible for appointment. If one is convicted to serve a prison term or pay a fine, we should look at the offence but not the way the sentence has been meted out. This is because whether you serve six months or pay a fine, you have already committed an offence. The Bill also sets out the roles of the Chief Administrative Secretaries. Before this Bill, there was no provision on their roles. It has clearly highlighted them. This is a plus to the law making process. Committees often invite cabinet secretaries and principal secretaries but they do not appear before them. The Bill highlights clearly that Chief Administrative Secretaries shall be liaison officers between Parliament and the Executive. They shall also be liaison officers between the Executive and county governments. It has clearly defined their role to avoid conflicts between the cabinet secretaries and principal secretaries in the ministries. I support the Bill as it is progressive and responds well to the decisions of the Court of Appeal. Thank you, Hon. Temporary Speaker. 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": 1392757,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392757/?format=api",
"text_counter": 669,
"type": "speech",
"speaker_name": "The Temporary Speaker",
"speaker_title": "",
"speaker": null,
"content": "(Hon. (Dr) Rachael Nyamai): Thank you very much, Member for Marakwet West. I will give a chance to the Member for Marsabit County. After that, I will purposively give an opportunity to the Vice-Chairman of the Committee, so that we get some facts right. I understand that what was in the Bill has changed. The initial intention changed after interaction amongst the membership of the two committees. Member for Marsabit County, please proceed."
},
{
"id": 1392758,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392758/?format=api",
"text_counter": 670,
"type": "speech",
"speaker_name": "Marsabit County, UDA",
"speaker_title": "Hon. Naomi Waqo",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker, for giving me an opportunity to contribute to this important Bill. Through it, we will overcome some challenges that we have or reduce the gaps that are in our system. I also congratulate the Departmental Committee on Justice and Legal Affairs and the Departmental Committee on Administration and Internal Affairs for a job well done. They have given this Bill a lot of attention and came up with recommendations that will guide our nation to another level. It is clear that the memorandum of objects and reasons is that the National Government Administration Laws (Amendment) Bill No.73 of 2023 seeks to make various amendments to the Assumption of the Office of the President Act (No.21 of 2012). The Bill also seeks to enhance the representation of the president-elect in the committee by increasing the number of representatives from three to six. In my opinion, this is a good proposal because when there are only three representatives, an emergency could arise preventing one from attending. It is safer to have five to six people as this will help them to effectively discharge their duties. I support the proposal to increase the number from three to six so that they can effectively work within the short timelines and be productive. The Bill also proposes to amend the National Security Council Act No.23 of 2012. This is good because it designates the National Security Advisor as the Secretary to the National Security Council. I also briefly want to draw your attention to the last amendment; that is, the National Government Co-ordination Act No.1 of 2013. The Bill proposes to amend it to provide for the establishment and functions of the Head of Public Service and the offices of the CASs. We are aware that our Government wants to be very effective in its administration so that it serves Kenyans in the best possible way. This is not the first time we are talking about the Office of the CAS. They have been there in the past but it does not mean that we were constitutionally aligned. There was a big lacuna which we are overcoming by coming up with this amendment. It will enable us to have the 23 CASs depending on what the Government agrees on. We are reducing the number from 51 to 21 due to the challenges that we had faced. The 23 CASs will join the ministries and improve their work. Many times, the cabinet secretaries and the principal secretaries have had a challenge in their performance due to the workload. It is honourable for us to approve this Bill so that the 23 can be appointed. I support this Bill due to the qualification aspect – which was not considered in the past. We have not been talking of the qualification of the officers but you can clearly see that a person shall be eligible to be appointed as CAS if they have a bachelor’s degree from a university recognised in Kenya. That means whoever will be appointed should be well educated. Section 12A (4)(b) clearly states that the individual must have knowledge of and experience in the Public Service. This will ensure that we do not giving opportunity to people who have no experience or political aspirants who lost elections. Section 12A(4)(c) states that they must satisfy the requirements of Chapter Six of the Constitution. Accountability and integrity must be put into consideration for public officers so that as they serve in different offices, their productivity matches the office. Section 12A(5) of the Bill also tells us who is not qualified for the position. It is clear that anybody who has been convicted of any offence in the past does not qualify. Those who have been adjudged bankrupt also do not qualify. There is nothing meaningful that one can do 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": 1392759,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392759/?format=api",
"text_counter": 671,
"type": "speech",
"speaker_name": "Marsabit County, UDA",
"speaker_title": "Hon. Naomi Waqo",
"speaker": null,
"content": "after being adjudged bankrupt by any court. You cannot be competent due to your past record. This will give hope to Kenyans who are qualified for these offices. Section 12A (5)(c) says you will not qualify to be appointed CAS if you hold any office in a political party. This gives opportunity to people who have not been associated with any political party or hold any political office. There are many Kenyans who have worked hard and qualify for such great opportunities. They have given guidance that they will give consideration to the people who will be employed. I, therefore, support this Bill and encourage Kenyans who qualify to come out. I especially encourage the women who are waiting for these opportunities to make sure that they have their papers ready. Once you are appointed, make sure that you give your best to the nation. You do not represent yourself but the nation. With those remarks, I support and encourage all Members to support this Bill so that these nominees are appointed as soon as possible for efficiency."
},
{
"id": 1392760,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392760/?format=api",
"text_counter": 672,
"type": "speech",
"speaker_name": "The Temporary Speaker",
"speaker_title": "",
"speaker": null,
"content": "(Hon. (Dr) Rachael Nyamai): Next is the Vice-Chairperson, Hon. Mutuse."
}
]
}