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{
"id": 1123185,
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"type": "speech",
"speaker_name": "Nominated, JP",
"speaker_title": "Hon. (Ms.) Shamalla Jennifer",
"speaker": {
"id": 13166,
"legal_name": "David Ole Sankok",
"slug": "david-ole-sankok"
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"content": "Hon. Deputy Speaker, on 5th October 2021, His Excellency the President forwarded to the National Assembly for consideration and approval the notification of two individuals nominated for appointment as members of the EACC. This was in accordance with the EACC Act 2011 and the relevant sections. The names of the nominees are as follows: Col. (Rtd) Alfred Mutweta Mshimba and Dr. Monica Wanjiru Muriu. Pursuant to Standing Order No.42 (1), the names and curriculum vitae of the nominees were referred to the Justice and Legal Affairs Committee for vetting and reporting to the House within the requisite time of 21 days. On 8th October, pursuant to Article 118 of the Constitution of Kenya and the Public Appointments (Parliamentary Approval) Act, the Clerk placed an advertisement in the Print Media informing the public of the intention of the Committee to conduct approval hearings and invited the public to submit memoranda by way of written statements on oath, again, in accordance with the Public Appointments (Parliamentary Approval) Act. The Clerk of the National Assembly did not receive any memoranda from the public. The Clerk of the National Assembly wrote to the EACC, the Kenya Revenue Authority (KRA), the Directorate of Criminal Investigations (DCI), the Higher Education Loans Board (HELB) and the Office of the Registrar of Political Parties requesting for reports with respect to the nominees on matters touching on integrity, tax compliance, political affiliations and loan repayments. The Committee received clearance reports for all nominees from all the relevant bodies. The Committee had various sittings and the nominees appeared before it on 19th October and were vetted in accordance with the provisions of the Constitution and the law. Pursuant to Section 7 of the Public Appointments (Parliamentary Approval) Act, the Committee considered various issues during the approval hearings. The Committee considered the qualifications of the nominees in accordance with the EACC Act 2011. I will just highlight a few provisions. They meet the requirements of Chapter Six of the Constitution, they hold degrees from recognised universities and have not less than 10 years’ experience in law, leadership, economics, audit, accounting, fraud investigation, among other fields. The qualifications for appointment as a member of EACC are set out in Section 5(3) of the EACC Act and provides, amongst others, that a person shall not be qualified for appointment as chairperson or member if they are a governing member of a political party, are declared bankrupt, have previously been convicted of a felony, et cetera. In addition, the Constitution sets out certain requirements regarding the appointment of persons to public office in that the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointment bodies shall be of the same gender. The Committee considered the list of nominees received by the National Assembly from the appointing authority, His Excellency the President, and observed that in the notification received, there was one man and one woman. If appointed, the Commission shall have two women and three men. Therefore, the Commission will satisfy the two-thirds threshold as set out in Article 27(8) of the Constitution. The Committee was expected to table its report of the approval hearing by 26th October 2021. However, the House was proceeding on recess on 21st October 2021. In this regard, the Chairperson of the Committee did move a Motion for extension of the period for consideration of the nominees submitted by His Excellency the President for appointment as 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."
}