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{
    "id": 1270766,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1270766/?format=api",
    "text_counter": 396,
    "type": "speech",
    "speaker_name": "North Imenti, Independent",
    "speaker_title": "Hon. Rahim Dawood",
    "speaker": null,
    "content": "With this in mind, it is very difficult for the Public Service Commission (PSC) and all the MDAs to accommodate all the communities. Nevertheless, Articles 232 and 10 of the Constitution state that it is imperative that diversity of the workforce is reflected in all the sectors. This Bill seeks to ensure that we not only get figures of who works where. Just like when the Cabinet Secretary was reporting, and Mhe. Muriu talked about the Kikuyu community not being represented. The Leader of the Majority Party talked about it as well. This Bill further suggests that the county of residence and the county of birth is an important factor. You could be Kikuyu or Meru but your residence is in another county. We need this information so that these reports are made on time and brought to Parliament and the county assemblies. If we do not do this, we will give rise to nepotism. This is anchored in the Public Service Commission Act, and it has to go to a Committee of Parliament. I congratulate the Chairman and the National Cohesion and Equal Opportunities Committee that came up with this Report. It is not everyday that a Committee of Parliament does this. I have not seen such a Report prior to this one. My Bill seeks to ensure that this becomes mandatory. Hon. Temporary Speaker, in Part II of the Bill, I seek to insert the following— “(4) an authorized person who fails to prepare a report under sub-section 1, may be subjected to disciplinary action in accordance with the laid-out procedures. Hon. Temporary Speaker, during public participation, there were questions about the definition of “authorised person.” “Authorised person” is a person who has been appointed by a Government Department or Agency to perform certain compliance and enforcement duties. The Law Society of Kenya (LSK) questioned the qualification or merit of a person to be appointed. In this Bill, I did not include the requirements or qualifications. However, Section 10 of the Bill already provides for fair competition and merit as the basis of appointment and promotion. The LSK suggested that we include the academic and professional qualifications. Section 10 of the Bill says— “Fair competition and merit as a basis of appointment and promotions— 1. The Public Service, a public institution or an authorised officer shall ensure that public officers are appointed and promoted on a basis of fair competition and merit. 2. Despite subsection (1), the Public Service may appoint or promote public officers without undue reliance on fair competition or merit if— (a) a community is not adequately represented in appointments or to promotions in the Public Service or a public institution; (b) the balance of gender in the Public Service or in a public institution is biased towards one gender; (c) an ethnic group is disproportionately represented in the Public Service or in a public institution; or (d) persons with disabilities are not adequately represented in the Public Service or in a public institution 3. Each pubic institution or each authorised officer shall develop a system for the provision of relevant information that promotes fairness and merit in the appointments and promotions.” Hon. Temporary Speaker, it is sad to note that even though the Constitution of Kenya requires that persons with disabilities be at 5 per cent of the workforce, as at 2014, they were less than 2 per cent at about 1.5 per cent. On the two-third gender rule, we are failing completely. Many institutions are at less than 30 per cent. Some institutions are at 10 per cent, 12 per cent or 15 per cent. This needs to be solved by this House. This Bill seeks to cure the issue of one community having more representation than others. This Bill requires that the reports be tabled every year. This is my third term in 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."
}