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{
    "id": 1003930,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1003930/?format=api",
    "text_counter": 353,
    "type": "speech",
    "speaker_name": "Sen. Faki",
    "speaker_title": "",
    "speaker": {
        "id": 13211,
        "legal_name": "Mohamed Faki Mwinyihaji",
        "slug": "mohamed-faki-mwinyihaji-2"
    },
    "content": "(6) Having regard to whether the nominee’s abilities, experience and qualities meet the needs of the Commission. Madam Temporary Speaker, having considered these requirements, the Committee found the nominee not suitable for appointment to the position and, therefore, recommends that this House rejects the appointment of Hon. Rachel Ameso Amollo to the position of Member of the Parliamentary Service Commission under Article 127(2)(d) of the Constitution. Before I proceed to outline the reasons why the Committee rejects the nomination of Hon. Rachel Ameso Amollo, allow me to state that the Committee did not find any issue with the nominee’s academic credentials, professional training, tax compliance and potential conflicts of interests. Further, the Committee did not find any faults with the procedure used by the Parliamentary Service Commission to arrive at the nominee. The detailed findings of the Committee in this regard are found in page 19 of the Committee’s Report. Instead, the basis on which the Committee arrived at its recommendation for the Senate to reject the nominee was derived from the Constitution as statutory requirements relating to the office in question. In particular, the Committee found that the nomination did not meet the requirements of Articles 127(2)(d) and Article 250(4) of the Constitution and Section 9(1) of the Parliamentary Service Act No. 22 of 2019. Madam Temporary Speaker, I shall proceed to discuss these grounds; Qualification for appointment as a non-Member of Parliament Commissioner to the Parliamentary Service Commission under Article 127(2)(d) of the Constitution. The Constitution under Article 127 establishes the Parliamentary Service Commission and provides for its membership and functions. Article 127(2)(a) provides for the Hon. Speaker of the National Assembly to chair the Commission with an additional seven (7) Members appointed under paragraph (c)(i) and (ii) from among the Membership of Parliament. Article 127(2)(d) then provides for appointment by Parliament of one man and one woman appointed by Parliament from among persons who are experienced in public affairs, but are not Members of Parliament. While this provision does not expressly bar former Members of Parliament from appointment as Members of the Parliamentary Service Commission, under Article 127(2)(d) of the Constitution, it was the considered view of the Committee that the two positions reserved for non-Members of Parliament were intended to bring into the Commission an outsider view, not clouded or influenced by having served as a Member of Parliament. The question that the Committee was confronted with is what did the Constitution envision by a non-Member of Parliament? To answer this question, the Committee looked at other provisions in law where positions are reserved, either in the Constitution or the Statute, for non-insider members or representatives of the public to serve in Constitutional Commissions and Independent offices. Article 171 of the Constitution establishes the Judicial Service Commission which is the closest equivalent to the Parliamentary Service Commission in terms of provisions of facilities and services to one of the three Arms of Government. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}