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{
    "id": 1479203,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1479203/?format=api",
    "text_counter": 354,
    "type": "speech",
    "speaker_name": "Molo, UDA",
    "speaker_title": "Hon. Kuria Kimani",
    "speaker": null,
    "content": "compliance and other thematic areas relevant to the duties and responsibilities of a Director- General of the Competition Authority of the great Republic of Kenya. Having considered the suitability of the candidate, the Committees noted the following. One, the nominee is a Kenyan citizen with no dual citizenship and therefore meets the requirement of Article 78(1) of the Constitution. Two, the nominee was cleared by all the Chapter 6 agencies and thus meets the requirement of Chapter 6 of the Constitution on leadership and integrity and three, the nominee possesses the required relevant experience for the position of Director-General of the Competition Authority of Kenya. He is the Managing Director of DGMB Training Solutions Ltd and has vast experience in developing monitoring and evaluation strategies vital for the running of an organisation. A background in management and organisational leadership is a critical tool for any person discharging the duty like that of the Director-General of the Competition Authority of Kenya. The nominee clearly demonstrated to the Joint Committee that he clearly understood the current issues affecting the Competition Authority of Kenya. He also shared practical strategies of addressing the various issues that exist around matters of competition in this country. This placed him as a suitable candidate who will provide leadership to the Competition Authority. The nominee demonstrated a satisfactory understanding of the mandate of the Competition Authority of Kenya, the need to ensure fair prices to protect consumers and promote a transparent business environment, and the enforcement strategies that he would employ to monitor businesses. The nominee demonstrated his ability to effectively manage the funds and resources of an institution. He further demonstrated his ability to discharge the role of an accounting officer that is required of the Director-General. The nominee is 59 years old, having been born on 12th December, 1964. The Committee further finds that the Competition Authority of Kenya Cap 504 does not provide for the age requirement for the officeholder of the Director-General. Further, Article 27(4) of the Constitution of Kenya prevents the State from discriminating against any Kenyan on account of age. It is important to note that the Joint Committee received a memorandum from one Mr Owino, a member of the public challenging the nomination of Mr Kemei as the Director- General of the Competition Authority of Kenya on the basis of his 59 years of age. Having consulted all our legal teams, it was eminent that one, the qualifications set by the Competition Authority of Kenya do not have a limit for the age of a nominee. Two, it goes against the precepts of our Constitution to discriminate anybody vying for any position in this country based on race, religion, colour, age, ethnicity or even political affiliation. In relation to a matter that was raised by the EACC regarding the judgement to surcharge the nominee when he served as a Kenya Medical Training College (KMTC) Board Member for the impugned recruitment of the organisation's Corporation Secretary, the Committee found that the nominee was not part of the said suit so he could not have had the opportunity to defend himself. Therefore, it could have utterly been unfair to judge him on that matter. The matter in question – just to give this House some basis – is when the nominee served as a Board Member of the KMTC. The Board then recruited him to the position of the Corporation Secretary of KMTC. However, the said nominee was found not to have the requisite academic requirements which included the need to possess a degree in law and to be a certified corporation secretary. However, that was a Board’s decision. Although a court ruling had been issued, the lawsuit was against the Kenya Medical Training College (KMTC) Board as a body corporate, but not him as an individual member of that Board. Considering he was not party to the lawsuit and was not accorded time to justify and defend himself, and a chance for his version to be 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."
}