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"content": "Hon. Members, my next Communication relates to guidance on the consideration of the Special Motion on the appointment of a Parliamentary Service Commissioner who is not a Member of Parliament. This guidance relates to the Paper that will be laid by a Member of the Parliamentary Service Commission, Hon. Faith Gitau, who is not here, but I have directed the Leader of the Majority Party to lay the Paper and the subsequent Notice of Motion, on her behalf. The Paper and the Notice of Motion relates to the proposed appointment of Hon. Johnston Muthama as a Member of the Parliamentary Service Commission. Hon. Members, Article 127(2)(d) of the Constitution provides for the appointment of two persons, being one man and one woman, from amongst persons who have experience in public affairs but are not Members of Parliament, to the Parliamentary Service Commission. The position of male non-Member of the Parliamentary Service Commission fell vacant following the resignation of Commissioner Hon. Samuel Chepkonga for purposes of contesting an elective position in the general elections that took place on 9thAugust, 2022. Hon. Chepkonga won and is now a Member of this House. Consequently, and in accordance with the provisions of Article 127 of the Constitution and Section 9 of the Parliamentary Service Act, 2019, Parliament is required to appoint a person of the male gender to fill the now vacant position. It is worth noting that unlike the usual procedure for consideration of nominees to serve in other statutory and constitutional bodies where Parliamentary Committees participate in the appointment processes by way of vetting and approval of appointments, in the case of the Parliamentary Service Commission, the appointment is by Parliament itself. Moreover, the Houses of Parliament have now established a practice that, save for the Chairperson, all other Members of the Commission are appointed by the Houses of Parliament. This implies that the recruitment process undertaken by the Commission serves the purpose of vetting the proposed nominee and the person stands appointed once both Houses approve the nomination. Hon. Members, the House will, therefore, consider the Special Motion on the basis of the Report that will be laid on the Table of the House by the Leader of the Majority Party, on behalf of the Commission, and the attendant Notice of Motion. I call upon the House Business Committee to schedule the Motion at the earliest opportunity for expeditious consideration by the House – acknowledging that the Senate will also consider the nominee – so as to ensure that the Commission is fully constituted. The House is accordingly guided."
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