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    "id": 1358976,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1358976/?format=api",
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    "content": "progressing on an inquiry where he was mentioned in a matter involving alleged irregular payment of legal fees to a law firm by the Kenya Maritime Authority (KMA). The Commission further stated that once it completes its investigations, it will forward the file to the Director of Public Prosecutions (DPP) for review and advice. On this, I will also invite the Members, especially when they will be debating, to consider where the EACC simply flags out, but does not give specifics of exactly what they are looking at, and if in any way they will be making prosecutions or not. They left it to the wisdom of the Committee to decide on the fate of one Mr George Macgoye. The Committee observed that the matter was under investigation by the EACC, which by law has no power to declare one guilty. By law, the Office of the Director of Public Prosecution (ODPP) is required to do that. If in receipt of the file from the EACC with evidence that can sustain a prosecution, the ODPP can prosecute the matter in a court of law. Therefore, it would have been pre-mature for the Committee to adjudge the nominee guilty of an undisclosed offence when due process had not been carried out. This happens many times. Sometimes when Members of this House are seeking to contest for positions, they are subjected to this process by the EACC. This has not in any way denied anyone to contest because there is a presumption of innocence in law. Hon. Deputy Speaker, 27 nominees appeared before the Committee from Wednesday, 25th October 2023 to Thursday, 2nd November, 2023. The Committee examined their suitability based on the criteria set out in Section 6, (7) and (8) of the Public Appointments (Parliamentary Approval) Act No.33 of 2011. The Committee focused on their academic credentials, professional training and experience, personal integrity and background, the procedure used in their nominations, constitutional and statutory requirements relating to the office of the head of mission, and the general suitability of the nominees for the appointments. Having considered the nominees filled questionnaires pursuant to Section 6(8) of the Public Appointments (Parliamentary Approval) Act No.33 of 2011, their CVs, and having had their oral submissions during the approval hearings, the Committee made specific observations of each of the nominees following the general observations. All nominees are Kenyan citizens and do not hold dual citizenship. This satisfies the dictates of Article 78 (1) and (2) of the Constitution, which bars State officers from holding dual citizenship. Further, all the nominees presented their academic credentials and professional certificates. During the approval hearings, the nominees demonstrated their suitability in accordance with the provisions of Section 6(7) of the Public Appointments Act No.33 of 2011. Hon. Deputy Speaker, all the nominees certify the requirement of Article 77(1) having stated that they do not intend to participate in any other gainful employment while serving as State officers. None of the nominees held office in any political party which is a requirement under Article 77(2) of the Constitution and schedule to the Public Appointments (Parliamentary Approval) Act No.33 of 2011. None of the nominees had been dismissed from office under Article 75 of the Constitution for contravention of provisions of Article 75, on the conduct of State officers; Article 76 on financial probity of State officers; Article 77 on restriction of State officers and Article 78(2) on citizenship and leadership. The Committee received one memorandum from Mr Eliud Karanja Matindi contesting the approval of all 27 nominees. He argued that the Salaries and Remuneration Commission (SRC) had not indicated the remuneration benefits payable to the persons holding the office of the high commissioners, ambassadors, and diplomatic or consular representatives. He further asserted that in the absence of remuneration and benefits, any recommendation for approval for appointment would violate the Constitution. However, the Committee observed that the memorandum addressed a totally different matter that touches on the mandate of the SRC and not in any way did it address the fundamental role of the National Assembly in conducting 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."
}