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{
    "id": 129234,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/129234/?format=api",
    "text_counter": 176,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "The Committee on Legal Affairs and Administration of Justice had a meeting with the Board of the KACC and the Board informed the Committee that they were not consulted and are not aware of the alleged appointment of these gentlemen and lady. The appointment was done by this House in such a way that these offices are free of interference, both from the Executive and the National Assembly. The appointments are very clear. The Schedule, Part III, says that the terms of office of the Director and Assistant Director shall be five years. The law sets a term of five years. It is not four years, six years but five years. That term was to expire on 9th September, provided an Assistant Director is appointed for a term of four years to avoid having the Assistant Director’s term expiring at the same time as the Director’s term. Further, a Director shall, unless his office becomes vacant by reason of death, continue to hold office until the reappointment. Therefore, there was no need to rush. If the President wanted this gentleman reappointed, he would still have held the office while this matter went through the legal process for re- appointment. This House, recently, approved the names of two Assistant Directors through the same process after they were recommended by the advisory board. The names came to the Committee and the House approved them. When that was being discussed in the Board, the Board resolved that, that was the right way to go in this process. I have been informed that a number of people are suggesting that the First Schedule is subsidiary legislation. However, before I go to the First Schedule, I would like to refer to Cap 2 of the laws of Kenya, specifically Section 51(2). There are people who are saying that the President is reappointing and that reappointment does not require Parliamentary approval. In terms of the power to appoint, the law, under Cap 2, is very clear. It talks about power to appoint, power to suspend, power to dismiss and to reappoint. The power to reappoint is clearly stated by the law as follows. “Where the power or duty of a person under this Section is exercisable only upon recommendation or is subject to the approval or consent of another person, then the power shall, unless contrary intention appears, be exercisable only upon the recommendation or subject to that approval or consent.” In other words, even if this was a reappointment, even if we were to go through that process, and I said that this is not a reappointment but a new contract, then the law says that since it was subject to the conditions before, it must be subject to those conditions after. In other words, that process must be followed. I refer you to the Constitution of this country, Section 23, which talks about the power of the Executive. Section 23 states that: “The Executive Authority of the Government of Kenya shall vest in the President and, subject to the Constitution, may be exercisable by him either directly or through subordinates to him.” However, subsection 2 says, “Nothing in this Section shall prevent Parliament from conferring functions on persons or authorities other than the President.” Section 24 says: “Subject to this Constitution and any other law, the powers of Constituting and abolishing offices of the Public or making appointments to any such office are those of the President” but it is subject to any other written law.”"
}