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{
    "id": 103572,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/103572/?format=api",
    "text_counter": 249,
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    "content": "Mr. Temporary Deputy Speaker, Sir, with regard to the issue as to why the Minister disregarded the advice of the Kenya Medical Training College (KMTC) Board, he elaborated that the Efficiency Monitoring Unit (EMU) report implicated three members out of the four who were short-listed and as such he was not confident that they would turn around the KMTC. In his defence, he also mentioned that the KMTC Board of Management was adversely mentioned in the EMU report. He said that since time was of essence, he felt that it was important that he made that decision. The Committee further looked deeply into the question of whether the Act provided the Minister with the discretion in the appointment process. It was very clear to the Committee that, that discretionary power was not provided and that the appointment was to be a joint venture between the Board of Management and the Minister, and that the Board of Management had undertaken its responsibility and in disregarding the advice of the board, the Minister did contravene Section 8(1) of the KMTC Act since that Act talks of “shall in consultation” and that the word “shall” is not discretional upon the Minister. The Committee observed that if the legislation wished the Minister to be the sole appointing authority then the Act would have clearly stated so as stated in other Acts that request him to be the sole recruitment agency. Mr. Temporary Deputy Speaker, Sir, on the issue of the Minister’s justification that the EMU report discredited three of the four persons who had been listed, the Committee, after reviewing the report, found out that it was only Dr. Timothy Kigondu who was adversely mentioned in that report and as such the Minister was misleading it. On the issue of the incompetence of the KMTC Board of Management, the Committee felt that the composition of the same is such that they would not be applicants to such a position. As such, his justification was not valid. The Committee did not find his justification holding water because the EMU report came out in January, 2010 and his actions were undertaken in August, 2009. In conclusion, the Committee found that by disregarding the advice of the KMTC Board of Management, the Minister for Medical Services, did not follow the laid down procedure as enacted in Section 8(1) of the KMTC Act. Secondly, the appointment of the Director of the KMTC as made by the Minister for Medical Services contravenes Section 8(1) of the KMTC Act. Thirdly, the appointment was contrary to the spirit of the National Cohesion and Reconciliation Act in that it was not fair and it failed to accord equal opportunity to all persons qualified for the position. Fourthly, by failing to follow the due process, the expenditure on the recruitment exercise totaling Kshs1,878,926 made up of sitting allowances and consultancy fee was unavoidable expenditure of public funds. The Minister failed to demonstrate that the KMTC Board of Management, save for Dr. Kagundu and the consultancy firm M/s. Hawkins Associates Limited was corrupt, inefficient, and incompetent as alluded in his response in the House and before the Committee. Mr. Temporary Deputy Speaker, Sir, the Committee registered a descending view from Mr. Olago, the Member for Kisumu Town West in which he said that he did not agree with the Committee’s interpretation of the use of the word “shall” in Section 8(1) to mean a mandatory obligation on the Minister. The Committee, therefore, recommends that the House expresses its displeasure and reprimands the Minister for Medical Services for misleading it and the Joint Committee on the role of the KMTC Board of Management and the consultation M/s. Hawkins and Associates Limited in the"
}