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{
"id": 1569500,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1569500/?format=api",
"text_counter": 455,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": "It seems as though the prevailing view is that law is the only profession of significance in this country. This is commendable legislation. Clause 7 also emphasises that the tenure of the office will be a term of six years; this aligns with the structure of independent commissions. Members will serve for six years and will not be eligible for reappointment, and they shall operate on a full-time basis. Additionally, the clause specifies situations in which a seat on the Commission can be declared vacant and outlines the procedures for replacing that vacancy. This clause is packed. The Bill lays out the grounds for removal from office, which include serious violations of the Constitution or this Act, gross misconduct in the execution of the members' or office holders' functions, physical or mental incapacity to perform the duties of the office, bankruptcy, incompetence, and other reasons that may warrant removal from the Commission. Clause 7 also details the procedures the Commission must follow to conduct its business and affairs in accordance with the Sixth Schedule. The terms and conditions of service for the Commission state that the salaries and allowances, as well as other terms and conditions for the members of the Commission, shall be determined by the Salaries and Remuneration Commission (SRC). Furthermore, Clause 7 of the Bill further provides for the position of the secretary to the Commission. It outlines the qualifications for appointment, the tenure of the office, and grounds or reasons for the removal of a secretary. Clause 7 of the Bill seeks to give the Commission powers to appoint staff necessary for the proper discharge of its functions under this Act. When the Commission wants to hire, it must do it in consultation with the Salaries and Remuneration Commission (SRC) in terms of the salaries available to them. For those people looking for jobs, I want to tell them that new jobs are being created here. The salaries will be good and so they can apply. Clause 10 of the Bill seeks to amend Section 34 of the principal Act by deleting the words “or is deemed to have resigned from the political party and the registrar has been notified of the resignation appearing in Paragraph C”. Sub-Clause (b) deletes and substitutes a new section that reads: ‘‘if a political party if dissatisfied by the decision of the Commission, it may appeal to the High Court. Hon. Temporary Speaker, as I wind up, Clause 15 of the Bill amends the Sixth Schedule of the principal Act and substitutes it with a new schedule in respect to the newly established Commission. This is a new Commission, and so, Schedule 6 is substituted with a new Schedule, which is available in the Bill. Members can look at it and familiarise themselves. The Amendment Bill is part of the Bills highlighted in the National Dialogue Committee (NADCO) Report, which plays a pivotal role in the realisation of the National Development Agenda. In conclusion, I urge honourable Members to support this Bill because it promotes fidelity to political parties. Currently, we are witnessing members of a certain political party pay allegiance to other parties, either new or old, and end up moving out of the parties they swore to defend. My party, the United Democratic Alliance (UDA), which is the majority party, has always upheld fidelity to the law. A few errant members who want to subscribe to other funny parties are free to do so, but the law will catch up with them. I ask Members of Parliament to remain within their parties and subscribe to them. They should stop the idea of going out to look for new suitors while already married to someone. They need to stop that, and I urge them to listen to me: please stop. If you belong to the UDA party, belong to it and subscribe to it. If you have a new suitor, you should resign and seek re-election under the new suitor instead of having one leg here and the other one there. That is one way of destroying political party democracy in our country. We must guard against this destruction. As a party, we will not poach members, but we will enter into coalitions as provided for in this Bill. We will look for friends to work with, but we are not telling them to join our party. We are telling them to remain 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."
}