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{
    "id": 1064815,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1064815/?format=api",
    "text_counter": 175,
    "type": "speech",
    "speaker_name": "Busia CWR, ODM",
    "speaker_title": "Hon. (Ms.) Florence Mutua",
    "speaker": {
        "id": 539,
        "legal_name": "Florence Mwikali Mutua",
        "slug": "florence-mwikali-mutua"
    },
    "content": "Hon. Speaker, the nominees followed due process. The Clerk of the National assembly also followed the procedure and advertised in the print media on Wednesday, 31st March 2021, inviting the public to submit memoranda by a way of written statements on oath and affidavits on the suitability of the nominees in conformity with Section 6(9) of the Act. I can confirm that by the close of submission deadline, the Committee had received two memoranda contesting the suitability of one Mr. Timon Alfred Otieno Oyucho for appointment as a member of the Teachers Service Commission (TSC) from the following persons: The first one is Mr. Eliud Owino of P.O. Box 49300-00100 and telephone number 0722782806. In his submission, Mr. Eliud Owino averred that Mr. Timon Alfred Otieno Oyucho has no regard to the rule of law, thrives on deception and flourishes in the business of deceit through falsehood and manipulation of weak minds. As the Director of Legal, Labour and Industrial Relations at the Commission, he is the chief architect of persistent friction between teachers and their employer, the TSC, through misleading and misadvising the Commission leadership to execute wrong decisions which consequently has led the TSC into gross violation of the Constitution, the TSC Act, the Labour Relations Act, the International Labour Organization (ILO) treaties, conventions, protocols and memoranda of understanding including the United Nations (UN) Chapter. The second one is Mr. Zablon Mboya of telephone number 0723458772. He submitted that the nominee has consistently and persistently misadvised the Commission as the Director of Legal, Labour and Industrial Relations leading to the breach of the Constitution of Kenya and the TSC Act, 2012. Further, he lucks integrity, empathy and does not believe in the rule of law and transformation of teaching service for quality education. After consideration and deliberation on the memoranda, the Committee took note of the petitioner’s concerns and resolved to make a determination of its own to establish the suitability of the nominee to be appointed as the member of the TSC. The Committee observed that both memoranda did not meet the required threshold as it is provided for under Section 6(9) of the Public Appointments (Parliamentary Approval) Act because they had not been signed under oath by a commissioner of oaths. Hon. Speaker, all the fulfilments in the due process were followed and the Committee made the following observations: First, Section 5 of the TSC Act No.20 of 2012 provides that the Commission shall consist of a chairperson and eight other members appointed in accordance with Article 250 of the Constitution. Currently, the TSC has only two serving commissioners who were appointed in 2020 after the terms of the previous commissioners expired on various dates between 2019 and 2021. The two commissioners are from Central and Nairobi regions. It is apparent that, at the moment, the TSC is not properly constituted."
}