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{
"id": 1086400,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1086400/?format=api",
"text_counter": 304,
"type": "speech",
"speaker_name": "Hon. (Dr.) Wilberforce",
"speaker_title": "",
"speaker": {
"id": 13331,
"legal_name": "Wilberforce Ojiambo Oundo",
"slug": "wilberforce-ojiambo-oundo-2"
},
"content": "The Bill intends to amend Section 58 of the County Governments Act specifically to redefine the qualifications of the secretary and the chairperson to the board. There are obvious salient issues. Section 58(1)(c) of the County Government Act states: “The County Public Service Board shall comprise a certified public secretary of good professional standing nominated and appointed by the governor, with the approval of the county assembly, who shall be the secretary to the board.” The amendment proposed by this Bill is to remove that particular qualification. In my understanding, the county public service board undertakes recruitment, promotion, disciplinary and related issues to the county human resource. Again, in my understanding, the secretary to the board is more or less like the Chief Executive Officer (CEO) of the board. Removing the prerequisite qualification of being a certified public secretary is essentially to weaken the county public service board. Any position, be it executive or otherwise, requires somebody who has the relevant qualifications. The Senate is trying to literally open it up to all Tom, Dick and Harry to go and occupy a position that is purely technical and professional. On that score, I will personally move an amendment to literally delete that particular amendment and retain Section 58(1)(c) as it is in the parent Act. Secondly, the Bill inserts a new section, namely, New Section 1D that tells the governor to comply with the principles of gender equity and ethnic diversity of all the people of Kenya, and shall provide an equal opportunity for PWDs. My considered and honest view is that this particular clause is simply a cut and paste from the Constitution. These principles are already enshrined in the Constitution. Where governors do not practice or comply, then it is a matter that is subject, probably, to impeachment or other administrative actions. We are simply overloading our Acts of Parliament with things that are already provided for. These are guiding principles. We are just being superfluous by stating what is already required everywhere. Thirdly, I will talk about Clause 3(b) that talks about the qualifications of the chairperson and the vice-chairperson. This raises some questions, and I agree with the Leader of the Majority Party. We have two options here, namely, one, if we remove the qualifications of the secretary to the county public service board, we can then consider introducing these requirements that one must be a human resource management professional of good standing under the Human Resource Management Professionals Act. However, the chairperson of the board ought not to be an executive chairperson. Indeed, the Act under Section 58 contemplates a part-time chairperson and not a full-time one. He ought not to be a professional, but must be somebody with vast knowledge in general human resource management and adequate exposure to human resource management skills. Purporting that he or she has to be a human resource management professional, we are implying that this particular chairperson is going to become an executive chairperson in one way or another. The chairperson of the board chairs the board, offers strategic directions and oversights the work of the secretariat. It will be unnecessary to have such kind of a person having the same qualifications because, in any case, his job is basically to oversight and offer strategic policy direction. Tellingly, there seems to be an attempt to separate the qualifications of the chairperson and the vice-chairperson. It is, indeed, expected that, in the absence of the chairperson, the vice- chairperson shall chair or preside over the meetings of the board. 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."
}