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{
    "id": 1197281,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1197281/?format=api",
    "text_counter": 167,
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    "speaker_name": "",
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    "content": "It is with great appreciation that I note that our country has come of age. Kenyans are now very conscious of what is going on in their country. I am sure that last week from 8.00 a.m. to 8.00 p.m. most Kenyans were glued to their televisions watching and participating in the vetting exercise. As we seek to approve these nominees, you will agree with many of us and the many Kenyans that these are the nominees who have passed the test of time. Without dwelling on the issues that have been raised in the Minority Report, the area where we could not agree with the Minority side was more ideological than anything else. There are those of us who believe that in line with our Constitution, every Kenyan has the right to carry the presumption of innocence until proven guilty by a competent court of law. It is true that Hon. Aisha Jumwa has been charged in court but there is no court in the Republic of Kenya that has passed any judgement on her. The same applies to Hon. Mithika Linturi. It is worth noting that the criminal case that had been levelled against Hon. Mithika Linturi was withdrawn by the Office of the Director of Public Prosecutions (DPP). I know the Minority side observed that Hon. Linturi without being prompted, volunteered information to the Committee that he has another close to 35 cases in court. He was emphatic that none of those cases that he is prosecuting in court are criminal in nature. They are all civil cases. I want to beg this House to agree with the Majority that these two nominees are presumed innocent until they are proven guilty in a competent court. Since that has not happened, it is only right that we give them the benefit of the doubt. In line with our statutes and the Constitution, should any of them, even those who have no cases in court, be found guilty of any criminal offence, it is within the powers of this House to impeach and recall that Cabinet Secretary. We put that question on one of the nominees. Whether if they were to be found guilty, they would be willing to take responsibility and many of them were emphatic that they would be willing to take responsibility, like others before them. It is only fair that we ensure that we allow the Judiciary and the Office of the DPP to do their work without interference. These nominees should not in any way interfere with the cases that have been filed against them. The one whose case was withdrawn was on the DPP’s own volition upon the complainant voluntarily withdrawing a case that had been filed against Hon. Mithika Linturi. The other issue that has been raised is on the nomination of Hon. Wycliff Musalia Mudavadi as the Prime Cabinet Secretary. You remember when this issue was raised before the Committee in our first meeting you did address it. It is within the powers of the President under Article 132 and Article 152 (2) as read together with Section 10(1) of the National Government Coordination Act No.1 of 2013, to appoint, designate the title and assign factions to a Cabinet Secretary provided the total number of CSs being nominated by the President do not exceed 22. It is important for Members and the nation to note that Hon. Musalia Mudavadi, in line with your ruling as our Chair, was nominated by the President to serve in the Office of the Prime Cabinet Secretary as one of the 22 CSs. The other additional nominee to make the list that you have just read is Ms. Mercy Kiiru Wanjau who will serve as the Secretary to the Cabinet and is therefore not a Member of the Cabinet but an ex-officio Member together with the Attorney-General. Hon. Peninah Malonza, OGW was nominated as Cabinet Secretary for Tourism, Wildlife and Heritage. It is important to state that this was a decision by the Committee but at the end of the day the Committee works on behalf of this House. It is up to the House to make a decision on all these nominees and decide whether to approve or disapprove them. The decision of the Committee to reject her nomination is not a vindication on her suitability to hold public office. We considered and looked at her academic credentials. The nominee is very well qualified. She is a holder of a Master’s Degree in Project Planning and Management, which she got in 2008. She has a Higher Diploma in Psychology Counselling Management and a Bachelor of Arts in Anthropology all from the University of Nairobi which she got in 1998. 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."
}