Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1064423,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1064423/?format=api",
    "text_counter": 120,
    "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": "Hon. Speaker, earlier on 3rd March 2021, the Committee had received and considered a complaint by Ms. Tabitha Mutemi on similar matters. At that time, it was a complaint but on the same issue. Even though there was no proper petition before the Committee for her removal, the Committee invited Ms. Tabitha and her legal counsel to appear before the Committee. Indeed, all the other stakeholders came. They included the Editors Guild, the Solicitor-General and the MCK amongst others. The Committee appreciated the issue from the presentations and ultimately made a finding that the Chief Executive Officer of the MCK could not lawfully remove a member of the board as it was alleged by the letter. In that meeting, it was agreed that Ms. Tabitha be reinstated on the WhatsApp group for the board members. As we speak today, Ms. Tabitha is still a board member of the MCK. Back to the Petition before this House, with respect to the first ground relating to ineligibility of Ms. Tabitha for appointment as a member by dint of being an employee of the IEBC, the Committee observed the following: That Ms. Tabitha Mutemi submitted that State corporations and parastatals are not offices in the public service because they are neither offices in the national Government nor county governments as defined by the Constitution. She stated that the remuneration of chairpersons and members of State corporations and parastatals are not directly drawn from the Consolidated Fund or directly by Parliament. Therefore, the positions of chairpersons and members of the boards are not offices in the public service, which is not true. The Office of the Attorney-General submitted that public service is defined in Article 260 as the collectivity of all individuals other than State officers performing a function within a State organ while State organ is defined as a commission. That is basically in the law. The Head of Public Service submitted that Ms. Tabitha was indicated as an employee of the IEBC and as such she is in the service of the national Government. The IEBC is not listed as member of the board of the MCK. So, she does not sit on the board as a representative of the IEBC. Ms. Tabitha is, therefore, not designated as a representative. Consequently, and by virtue of the Mwongozo Code of Governance and the Government Circular OP/CAB. 9/1A of 3rd April, 2016, Ms. Tabitha would be ineligible to serve as an independent board member of the MCK. The IEBC submitted that Section 16 of the IEBC Act states that members and employees of the Commission shall subscribe to the code of conduct under the Fourth Schedule. Section 2(1)(b) of the Fourth Schedule prohibits members and employees of the Commission from holding other public offices during their tenure of office with the Commission. The Commission is also guided by Article 77(1) of the Constitution as expounded by Section 52 (1) and (2) of the Leadership and Integrity Act, which prohibits a full time State or public officer from participating in any other gainful employment. It is important that Members note this clearly. Consequently, Ms. Tabitha Mutemi’s appointment as board member of the MCK is not viable while still in the employment of the IEBC as pronounced by the laws. Hon. Speaker, pursuant to Section 14(3) of the Media Council Act, the Committee, having considered the complaint, was satisfied that the submissions of the Office of the Attorney-General, the Head of the Public Service and the IEBC disclose a ground for removal from office of Ms. Tabitha Mutemi, that is, the first ground which is ineligibility for appointment as a board member of the MCK."
}