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{
    "id": 1461770,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1461770/?format=api",
    "text_counter": 214,
    "type": "speech",
    "speaker_name": "Kikuyu, UDA",
    "speaker_title": "Hon. Kimani Ichung’wah",
    "speaker": null,
    "content": "the seven or six issues that I have mentioned that have not been exhaustively, as you will see in the Report, addressed. We are obligated to do that by our own statutes and we must address each of the issues that have been raised in the memoranda. Additionally, 163 affidavits contested the nomination of 10 nominees on the grounds that they had previously been dismissed from office and, hence, could not lawfully be re-appointed to the Cabinet. To this end, the Committee observed that Articles 132 (2) and Article 152 (2) of the Constitution of Kenya vest the power to constitute the Cabinet solely on the President. The Committee also observed that the nominees were not dismissed under the provisions of Article 75 (2) of the Constitution and were, therefore, not disqualified from holding any other State office. That point was conversed in the Committee and even in other fora outside the Committee. It was a finding of the Committee that any of the nominees who has not been dismissed pursuant to Article 75 (2) is not excluded from being re-appointed after dismissal by his Excellency the President. It is important to be clear on that. The word dismissal is in line with the provisions of Article 152 (5). Hon. Members, the Article says that the President may dismiss or re-assign Cabinet Secretaries. Therefore, there is no option under the current Constitution to suspend or to have a Cabinet Secretary step aside. The President can only dismiss you or re-assign you. When the President chose, as it is stipulated in Article 132, to dismiss the Cabinet, he was well within his powers to do that. So, there is no legal provision that bars the President from re-appointing any person who has been indicted as being unfit to hold office under Article 75 of the Constitution or any relevant law. In respect of the Attorney-General (AG), the Committee observed that the nominee, Hon. Justin Bedan Muturi, had not been dismissed as the AG, but had resigned in accordance to Section 11 of the Office of the Attorney-General Act in consultation with the President to give the President an opportunity to re-organise his Government as evidenced by Gazette Notice No. 8440 of 12th July 2024. The Committee also conducted background checks on the nominees by seeking references from the Ethics and Anti-Corruption Commission (EACC) on ethics and integrity; the Higher Education Loans Board (HELB) on loan repayments for those who had gone through our public and private universities and were funded from the Exchequer; the Directorate of Criminal Investigation (DCI) on criminal records on each of the nominees; and, the Office of the Registrar of Political Parties (ORPP) on holding office in political parties. As Hon. Members may know, a nominee nominated to serve in the Cabinet should not hold a political party office. Those that held political office like Hon. John Mbadi, Hon. Ali Hassan Joho and Hon. Ambetsa Oparanya had evidence that they had resigned from their political party positions in ODM, the oldest party in our nascent democracy. We also got information from the Kenya Revenue Authority (KRA) on tax compliance and the Commission for University Education (CUE) on authenticity of academic certificates. That was important. Many people doubted certain degrees. The CUE ascertained that the degrees and degree courses that the nominees submitted before the Committee are recognised in the Republic of Kenya. In considering the suitability of the nominees for appointment, the Committee paid due regard to the constitutional and statutory requirements relating to the offices in question, and whether the nominees’ abilities and experience met the needs of the said offices. Further, the Committee was guided by constitutional and statutory requirements such as our national values and principles of governance, the conduct of State officers, specific qualifications for appointment as Cabinet Secretaries, and leadership and integrity prerequisites. It is in this light that the Committee recommended all the 19 nominees listed, having looked at their suitability and assessment after scrutiny of their background, academic credentials, professional qualifications, work and professional experience, personal integrity, and performance during the approval hearings. 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."
}