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{
    "id": 166417,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/166417/?format=api",
    "text_counter": 208,
    "type": "speech",
    "speaker_name": "Mr. Mbadi",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "Madam Temporary Deputy Speaker, I also want to take the hon. Members to Clause 12(6), which states that notwithstanding the provisions of subclause (5), the President may, for the purposes of filling a vacancy, select a nominee from the list of candidates forwarded by the Public Service Commission (PSC) under Clause 9(6). I want a clarification on this. Below Section 9(6), there is Clause 9(8) which gives Parliament the power to approve the nominations. This particular section is very silent about whether that section will still be applied. We have had in the past cases where the initial appointments get Parliamentary approval, as it happened with Justice Ringera in the Kenya Anti-Corruption Commission (KACC). When a vacancy occurs, does it mean that the President will fill it from the list without passing it through Parliament? That needs to come out very clearly. Just before that, there is Clause 12(3) which says the Chairperson or member may be removed from office for misbehavior, or misconduct, incompatible with the functions of the Board. To me, this is very ambiguous. What behaviour will be construed as not being compatible with the functions of the Board? Who is this who is given the powers to remove the Chairperson, or other members of the Board? Is it the President, and how do you determine that now that the behavior or conduct, is incompatible with the functions of the Board? I want to urge that there be necessary amendments that need to be done to this Bill. I also want to make a point about consultations. This becomes very necessary because of what we are witnessing at the moment. “Consultation” is repeated here in Clause 9(11). It says:- “The President shall within seven days of the receipt of the approved nominees from the National Assembly----“ Just before that it talks about, it talks about selecting, nominating, approving or appointing the chairperson and the members of the Board, the Selection Committee, the President and the Prime Minister shall ensure that the Board reflects--- Madam Temporary Deputy Speaker, there is a place that talks about the President consulting the Prime Minister. I would rather that this time we have a more definite provision about consultation. Please, we need that because we do not want a Prime Minister who will be treated like a consultant of the President. We do not want the Prime Minister to appear as a researcher for the President, as somebody said. He should also not appear as a clerk of the President. If it is consultation, we need it to be clear what this consultation means, so that we avoid these shenanigans and time wasting, because of disagreements that we are witnessing at the moment. Madam Temporary Deputy Speaker, if it were not for some of these things I consider negative provisions in this Bill, this is a good Bill. At least, the procedure of appointing members of the Board is very elaborate. I wonder why the principals were not advised that in appointing the Chief Justice, we need to follow something like this. Even the names of those who have applied are gazetted and Kenyans know so-and-so have applied. After that interviews are conducted, the names are submitted to the principals, they agree and pass them to Parliament. Parliament approves and then they are returned for final appointment. This is the kind of procedure and process that we need. We need credible and transparent processes that can stand the test of integrity. I beg to support but urge the Minister that these amendments be made."
}