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{
    "id": 1461178,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1461178/?format=api",
    "text_counter": 336,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "I remember hearing him for more than one and a half hours as he took us through what he thought were some omissions by Dr. Amoth when he served in this position in an acting capacity when this country was going through COVID-19 pandemic. So, I encourage the likes of Dr. Wahome that even though his reservations did not carry the day, it should not discourage any Kenyan. We received the memorandum and gave it time. If we are convinced that the nominee is not suitable, that will carry the day. Secondly, we need to relook at the provisions of the Public Appointment Parliamentary Approval Act, a law that was introduced before this House by my good friend Sen. Mungatana I believe in 2011, soon after the passage of the 2010 Constitution. It has served us well, especially where these Houses may unnecessarily delay the approval of a nominee. On the other hand, it puts a lot of pressure on Parliament to rush the confirmation process of nominees. I sympathize with our colleagues in the National Assembly who have been faced with the task of undertaking a confirmation of 22 Cabinet Secretaries together with an Attorney General in a record period of 14 days. That period needs to be reviewed as well as the recruitment of the Independent and the Electorate Boundaries Commission (IEBC) commissioners. The recruitment panel is given 90 days. You need to get information from some of the Chapter 6 commissions like the EACC, DPP, DCI et cetera . We need to amend this piece of legislation and give Parliament at least 90 days. If we retain 14 days, it will be reduced to a matter of the National Assembly or the Senate just ticking boxes. We know how detailed the Houses that do confirmations are. In the United States of America (USA), out of about 118 nominees to the Supreme Court, the Senate of the USA has rejected 37 nominees because they are so detailed. They not only look at the integrity of the candidate, but also your conduct. Remember the judge who was rejected on account of an article he wrote in 1964, opposing the passage of the Civil Rights Act of 1964 that was extending liberties to black Americans? He was rejected because of that article. I know for a fact that about eight of those who have been nominated to serve as Cabinet Secretaries in the USA have faced rejection. Nine various presidents have been forced to withdraw their nominations. I remember the case of Sen. John Tower of Texas who had been nominated by President Bush. When it came to the public that he was a heavy drunkard, the President was forced to withdraw the nomination. I remember the case of Sue Bate nominated by Bill Clinton in 1993. When information came to the Floor of the Senate House that she had employed an illegal immigrant who had no papers and she had evaded paying statutory deductions to the Government because she did not want that information to go to the public, her nomination was rejected by the Senate. Therefore, that is how high Houses that do confirmations have put the bar. I remember hon. Andrew Johnson who was the President in 1800s. He faced an impeachment before the Senate and he asked his Attorney-General to resign and defend him during the impeachment. The Attorney-General then was Mr. Henry Stanbery. He resigned and defended President Johnson ably. Once, President Johnson went through the impeachment process in the Senate, he reappointed Mr. Henry to take back his position as the Attorney-General. However, the Senate said, we cannot play ping-pong games. If you want to resign and go to private The electronic version of the Senate Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Director, Hansard and Audio Services, Senate."
}