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{
    "id": 1064422,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1064422/?format=api",
    "text_counter": 119,
    "type": "speech",
    "speaker_name": "Marakwet West, JP",
    "speaker_title": "Hon. William Kisang",
    "speaker": {
        "id": 2263,
        "legal_name": "William Kipkemoi Kisang",
        "slug": "william-kipkemoi-kisang"
    },
    "content": "iii. The appointment of a tribunal to consider the matter and if it discloses sufficient grounds for removal, recommend to the Cabinet Secretary removal of Ms. Tabitha from office in accordance with Section 14 of the Media Council Act. Section 14 of the Media Council Act No.46 of 2013 regulates the removal of the Chairperson or a member of the Board of the Media Council of Kenya (MCK). Section 14 (1) provides for the grounds of removal as follows: (i) Violation of the Constitution or any other written law, including contravention of Chapter Six of the Constitution; (ii) gross misconduct; (iii) physical or mental incapacity that leads to the inability to perform the functions of the office; (iv) incompetence or neglect of duty; (v) bankruptcy; (vi) absence from three consecutive meetings of the Council without justifiable cause; (vii) if the Chairperson or a member becomes a director of any media enterprise or holds shares or has any other interest in a corporation, partnership or other body, directly or through another person, if holding those shares or having interest would result in a conflict of interest with the officer’s official duties; and, (viii) if the Chairperson or member is convicted of a criminal offence and sentenced to imprisonment for a period more than six months. Hon. Speaker, it is worth noting that the removal of the Chairperson or a member of the MCK involves the following process as stipulated by the law: a) Submission of a Petition to the National Assembly. That is what we are doing now. b) Deliberation by the National Assembly and if the Petition discloses ground for removal, recommendations are sent to the Cabinet Secretary. c) The Cabinet Secretary appoints a tribunal after suspending the Chairperson or the member. d) The tribunal deliberates and if the passed Petition discloses grounds for removal, then the tribunal recommends to the Cabinet Secretary for removal. In considering the Petition, the Committee wrote to various stakeholders. We advertised in the newspapers requesting them to give written submissions as pertaining to the Petition. The submissions were required to be submitted to the Committee on or before 23rd March, 2021. We received submissions from Ms. Tabitha herself, the Attorney-General, the Head of Public Service, the Editors Guild, the Kenya Union of Journalists, the IEBC and the Kenya Correspondents Association. From the outset, I wish to inform this House that the Committee wrote a letter dated 17th March, 2021 to Ms. Tabitha, enclosing the Petition by Mr. Muriuki in order to afford her an opportunity to respond to the petitioner's grounds for removal. The Committee asked for written submissions because having a physical meeting was unattainable due to the escalation of COVID- 19 cases, especially in the month of March. As Members would recall, the positivity rate at that particular time had gone up to over 26 per cent. That was by the time the President made a proclamation on 26th March to partially close five counties. In addition, there was the statutory period of considering the Petition which was within seven days. That is why we sought the request for an additional 14 days. 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."
}