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{
"id": 1341591,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1341591/?format=api",
"text_counter": 194,
"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
"speaker": null,
"content": "make recommendations to the recruiting entity on the integrity and suitability of candidates. Hon. Deputy Speaker, you know all that has happened as we vet cabinet secretaries, principal secretaries and other state officers. Recruiting or vetting institutions ordinarily write to the EACC, which tells whether this person has any pending matters before the EACC. With this amendment, we seek to give EACC the power to make recommendations on the suitability of candidates to take up appointments in public offices. For instance, the EACC may have information that points to your non-suitability to hold public office even if it is not investigating you. A case might probably be of a governor who is impeached, and maybe never ended up being charged. In the view of the EACC, with credible evidence, those people should not hold public office. If they are applying for a job as a principal secretary or any other public officer, EACC should look at their suitability, verify it and make recommendations as to whether they are suitable to hold public office. Additionally, the Bill proposes to allow the High Court, on application by any person, to declare the assumption of office by a State officer invalid for want of executing a commitment to the specific leadership and integrity code. Even if you have been appointed to a public office, you are required to execute a specific commitment in the leadership and integrity code. If you have failed to do so, any person can petition the High Court to have you removed from office or your assumption of office as a State officer declared invalid. Hon. Deputy Speaker, the other matter touched by this Bill is the Merchant Shipping Act of 2009 (Bill No.4 of 2009). It is deleting Section 16, which restricts ship owners from providing several services in the maritime industry, including crewing agencies, pilotage, clearing and forwarding agencies and port facility operators, among others. You remember this follows the High Court, in September 2020, declaring the Merchant Shipping Act section unconstitutional. This, therefore, allows the revival of the Kenya National Shipping Line. That amendment aligns with the High Court's declaration of Section 16 as unconstitutional because it barred ship owners from providing several services. The courts found that provision unconstitutional. The other Act is the Prevention of Organised Crimes Act of 2010. The Bill seeks to enhance the penalty for organised crimes and extend the period in which an order obtained about tracing property shall lapse. It also seeks to apply the term “Inspector-General” as the authorised officer in place of the term that is in the Act concerning the Commissioner of Police in line with the terminology that is now used under the current Constitution. Members will appreciate the prevalence of crime and danger exposed to our country on issues to do with organised crime. It is not just small-scale organised crime in the backyards of our constituencies where gangs are coming together and stealing from people. It is also about organised crimes of a larger scale nature, touching on economic crimes. Therefore, the period provided for under the Act was not adequate. We seek to extend this period so that if the police have an order they have obtained for tracing property from organised crime, including those looting from public offices, they will have a longer time to trace such property. The other Act touched is the Judicature Act (Cap. 8) of our laws. In this amendment, we seek to increase the number of judges serving as Court of Appeal judges from the current 30 to 70 judges. Members know that the Judiciary has been keen on taking services closer to the people. As much as we have been able to devolve the High Court from Nairobi to many of our counties, the Judiciary has worked very hard to ensure that we have courts, at least, in every county headquarters. Some are still under construction. There are others where judges hold stations for the High Court. However, the same has not been possible with the Court of Appeal because of a limited number of judges in the Court of Appeal. The number stipulated in the Judicature Act (Cap. 8) limited this. We want to increase that number to 70 judges. Hon. Members, you remember a matter that went to the Court of Appeal during the last elections. The Court of Appeal had to sit at night to deal with that matter a few days, I think 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."
}