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"id": 150553,
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"content": "THAT, this House adopts the Report of the Departmental Committee on Administration of Justice and Legal Affairs on the appointment of Assistant Directors to the Kenya Anti-Corruption Commission laid on the Table of the House on Thursday, May 28, 2009. Mr. Speaker, Sir, the KACC is a body corporate established under Section 6(1) of the Anti-Corruption and Economic Crimes Act. Pursuant to Section 8(1) and (2), the positions of the Director and Deputy Director are provided for. The Commission shall have a director who shall be the Chief Executive Officer of the Commission and who shall be responsible for its direction and management. The Commission shall also have four Assistant Directors to assist the Director. The Director and the Assistant Directors shall be persons recommended by the KACC Advisory Board and approved by the National Assembly for appointment to the respective positions. On the approval of a person by the National Assembly under Sub-Section 3, the President shall appoint the person concerned to the office in respect for which the approval was given. Mr. Speaker, we have had views that since an earlier approval had been given for a number of those Directors and Assistant Directors, that ought to suffice. The view from my Committee is that, that is absolutely not the law and that, once the contracts are done, then new contracts must go through the same process for them to be valid. The advertisements are done, the nominations are done by the KACC Advisory Board and that this House will then approve them for appointment to the respective positions. Mr. Speaker, pursuant to Paragraph (1) of the First Schedule of the Anti- Corruption and Economic Crimes Act, the KACC Advisory Board advertised in May, 2008, and carried out interviews for the positions of Assistant Director, Finance and Administration and Assistant Director, Investigation and Asset Tracing. The KACC Advisory Board recommended Mr. Wilson Kiprotich Sholei for Assistant Director, Finance and Administration and Dr. John Mutonyi for Assistant Director, Investigation and Asset Tracing. The KACC Advisory Board then sent its Report to the National Assembly through the Ministry of Justice, National Cohesion and Constitutional Affairs. Mr. Speaker, Sir, the Departmental Committee on Administration of Justice and Legal Affairs, by that time, had proposed, through this House, a new set of names for the KACC Advisory Board. That list of names was approved by the House and that list was, by that time, with the Office of the President. The Committee then was of the view that due to the critical nature of the appointments that were being made by a Board whose term had essentially expired and who were by then, in any event, legally in office, and by virtue of the fact that we were going to have a new Board in place, this decision be for that new Board. Mr. Speaker, on 19th February, 2009, the Committee made that resolution and waited for the names for the new Board to be appointed so that this process could then be done by the new Board. By May, 2009, that list had not come back from the Office of the President and we had a request from the KACC saying that their work was being impacted negatively by virtue of the fact that those substantive positions had not been filled and that the holders were doing it on an acting capacity. We looked into the matter and deliberated on the need to re-open that matter and move this process forward with the current list. Following deliberations, the Committee, in its sitting of the 21st May, 2009, reconsidered the matter and agreed that for KACC to operate optimally, we ought to"
}