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"content": "As you are aware, the SRC is a constitutional commission established under Article 230(1) of the Constitution of Kenya. Article 230(4) sets out the powers and functions of the commission which are as follows- (1) Set and regularly review the renumeration and benefits of all State officers. (2) Advice the national and county governments on the renumeration and benefits of all other public officers. Article 230(2) of the Constitution provides for the composition of the Commission and stipulates that such persons are to be appointed by the President. Under Article 230(2)(b)(7), the Senate is required to nominate the commissioner on behalf of the county governments. Hon. Senators, vide a letter referenced EOP/CB.26/4A Volume 3/175 dated the 23rd May, 2024, the Office of the Clerk received notification from the Chief of Staff and Head of Public Service indicating that the tenure of six members of the Commission will lapse on the 10th September, 2024. This includes a nominee of the Senate, on behalf of the county governments, pursuant to Article 230 (2)(b)(7). In the notification letter, the Chief of Staff and Head of Public Service requested each nominating body to forward the names of two persons of either gender to the Cabinet Secretary for National Treasury for transmission to His Excellency the President for appointment. Hon. Senators, Article 230 of the Constitution as read with Section 5 of the Salaries and Remuneration Commission Act provides for the qualifications of the chairperson and members of the commission. Section 7(1) of the Act further provides for the nomination procedure to be followed for the appointment of the commissioners. Section 7(2) of the Salaries and Remuneration Commission Act states as follows- “The relevant nominating body shall consider the applications received under subsection (1) to determine their compliance with the provisions of the Constitution and this Act, interview the applicants and forward the names of two persons so qualified, who shall be of opposite gender, to the Cabinet Secretary for onward transmission to the President.” Hon. Senators, pursuant to Standing Order No.77(1) of the Senate Standing Orders, this matter is hereby referred to the Standing Committee on Finance and Budget for consideration. The Committee will be required to- (1) Advertise the position by notice published in the gazette, a newspaper of nationwide circulation and the Senate website inviting applications from the suitable candidates. (2) Longlist the applicants and cause the list to be published, shortlist the candidates that meet the set criteria and cause the list to be published. (3) Facilitate public participation on the suitability of the shortlisted candidates (4) Conduct the interviews of the shortlisted candidates; and finally, (5) Table a report for consideration by the Senate. The Committee and by extension the Senate, is reminded of the need to observe the timelines highlighted in the notification letter from the Chief of Staff and Head of Public Service. The deadline given for action by the Senate is 31st July, 2024. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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