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{
    "id": 1585420,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1585420/?format=api",
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    "content": "The third nominee was Ms Elizabeth Mbithe Mulwa, aged 41 years; another Gen Z whom we were pleased to vet. She is also an advocate of the High Court of Kenya and fully qualifies to serve as a member of the Tribunal. The fourth nominee was Dr Leonard Kinyulusi, who is not an advocate. The law requires that two of the members of the Tribunal need not be advocates. He is well educated. The Report indicates that he has written extensively on various topics in law, social work and dispute resolution. That experience qualified him to serve on this Tribunal. Last was Mr Mohamed Sheikh Noor, who is also not a lawyer. He is a self-made man from Northern Kenya, aged 50 years. He has studied quite a lot about social matters, religion and dispute resolution. Since this is the Public Benefit Organisations Dispute Tribunal (PBODT), we were of the opinion that Mr Mohamed Sheikh Noor was well-suited to serve. For the ease of the House, Public Benefit Organisations (PBOs) were previously called Non- Governmental Organisations (NGOs). We had all that in mind when considering the nomination of these five persons. The procedure of their nomination fully satisfied the provisions of the relevant Public Benefit Organisations Act. The nominees satisfied the requirements under the Constitution and all the necessary statutory requirements, including citizenship, leadership, ethics, integrity and tax compliance. The nominees also met the integrity threshold under Chapter Six of the Constitution. They all demonstrated knowledge of topical, administrative and technical issues of the positions to which they have been nominated. They also have the requisite abilities, academic qualifications and professional experience to be approved for appointment. We assessed the nominees' suitability for the appointments based on whether their abilities, experience, and qualities met the needs of the body they were nominated to. We concluded that they demonstrated a deep understanding of the affairs of Public Benefit Organisations, dispute resolution mechanisms, and their respective roles as chairperson and members As a general observation, we were convinced, as a Committee, that the PBODT is the only tribunal that requires vetting. We have proposed to look at that afresh to confirm whether we should nominate all members of all tribunals. I wish to inform the House that we are re- engineering and will re-submit and re-publish the Tribunals Bill so that we come up with a Tribunals Act on the various tribunals in the country. We will consider whether it will be necessary to vet tribunal members, or if we should leave it to the exclusive jurisdiction of the Judiciary to appoint members to various tribunals. The Committee now recommends that this House approves Ms Eunice Adoyo Otieno as the Chairperson of the PBODT, and Ms Christabel Mideva Eboso, Ms Elizabeth Mbithe Mulwa, Dr Leonard Kinyulusi, and Mr Mohamed Sheikh Noor as members of the PBODT. On a light note, you will notice that age has been considered to the fullest. The ages of the members are spread across various generations. We have good words for the Gen Z because they have a member in the Tribunal. Secondly, the gender parity and equality requirement has been satisfied in favour of the ladies, because three ladies and two men serve on the Tribunal. This is a positive step, and we commend the Judiciary for it. With those few remarks, having called upon the House to approve the appointment of the five nominees, it is my singular pleasure to invite Nominated Member, Hon. Suleka Harun, to second the Motion."
}