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"legal_name": "Susanna Njoki Ndung'u",
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"content": "Mr. Deputy Speaker, Sir, I beg to move the following Motion:- THAT, this House adopts the Report of the Departmental Committee on Administration of Justice and Legal Affairs on the deliberation on the nomination of commissioners to the Kenya National Commission on Human Rights laid on the Table of the House on Wednesday, 19th July, 2006. Mr. Deputy Speaker, Sir, the National Commission on Human Rights Act came into force in March, 2003, and at that time, this House appointed to office nine commissioners. The commissioners that were appointed were:- (a) Mr. Maina Kiai - Chairman (b) Ms. Violet Mavisi - Vice-Chairperson (c) Mr. Tirop Kitur (d) Mr. Khelef Khalifa (e) Ms. Wambui Kimathi (f) Ms. Fatuma Ibrahim (g) Ms. Catherine Muyeka Muma (h) Mr. Godana Doyo (i) Mr. Lawrence Murugu Mute. Mr. Deputy Speaker, Sir, Section 9 of the Act says:- \"Unless the appointment of the Chairman or a commissioner is earlier terminated under this Act, a person appointed as a commissioner shall hold office for a term of five years from the date of appointment and shall be eligible for reappointment for one further term for a period not exceeding five years\". The Section further provides:- \"In the case of initial commissioners, the Commission shall, at its first meeting, elect four commissioners whose terms of office shall expire at the end of three years and another four commissioners, whose terms of office shall expire at the end of four years from the date of appointment\". Mr. Deputy Speaker, Sir, these provisions ensure that commissioners must retire on a rotational basis to ensure the continuity of the work of the Commission. Mr. Deputy Speaker, Sir, in July, 2006, the terms of the following commissioners expired:- Ms. Violet Mavisi, Ms. Catherine Muyeka Muma, Ms. Wambui Kimathi and Mr. Khelef Khalifa. In accordance with the KNCHR Act, the National Assembly advertised for the vacancies and called on the Departmental Committee on Administration of Justice and Legal Affairs to consider applications. We received over 170 applications and a Sub-committee went through the list of the names and shortlisted them according to the requirement criteria provided for under the Act. The Sub-committee shortlisted the members through a system of scores where for each of the criteria required, we gave five points. The criteria which is provided for under the Act is that the candidate November 2, 2006 PARLIAMENTARY DEBATES 3385 must have:- (i) Academic qualifications or work relevant to the fields of human rights. (ii) International and national advocacy in human rights matters. (iii) Some training on human rights. (iv) Worked with marginalized groups such as the physically challenged and pastoralists. (v) Experience working with HIV/AIDS. (vi) Experience working with organizations dealing with distressed persons, for example, battered women, torture victims and abused children. Mr. Deputy Speaker, Sir, the Sub-committee then submitted a list of 12 nominees to the main Committee, and they were all invited for an interview on 12th July, 2006. The Committee went ahead and nominated six candidates as per the provisions of Section 11(6) of the Act, which says:- \"Where a vacancy occurs in the office of a commissioner, the National Assembly shall nominate a sufficient number of persons to fill the vacancies arising and two additional persons and the President shall, within the period of six months, appoint the required number of commissioners to fill the vacancies out of the total number of nominees\". Therefore, the Committee recommends to this House, in conformity with the Act, that the following four nominees be considered for onward transmission to His Excellency the President:- (a) Catherine Muyeka Muma - Nyanza Province; (b) Wambui Mumucii Kimathi - Central Province; (c) Violet Kadhi Mavisi - Western Province, and; (d) Hassan Omar Hassan - Coast Province/Youth. Pursuant to the same Act, the Committee further recommends that the following two nominees also be forwarded to His Excellency the President for consideration. (a) Winfred Osimbo Lichuma - Western Province (b) Florence Simbili Jaoko - Nyanza Province. These are the provinces that had vacancies. The other provinces will become vacant next year. Mr. Deputy Speaker, Sir, while deliberating on these nominations, this Committee was strictly guided by the provision that says: \"In nominating or appointing commissioners, the National Assembly and the President shall have regard to Kenya's ethnic, geographical, cultural, political, social and economic diversity, as well as the principle of gender equity.\" Mr. Deputy Speaker, Sir, on behalf of the Members of the Departmental Committee on Administration of Justice and Legal Affairs, I wish to present to this House the Report of the Committee and names of the six qualified persons for consideration and adoption by the House. I urge that this House adopts it, so that we can forward the names to His Excellency the President. Hon. Members should be aware that these vacancies should have been filled in August, 2006. Therefore, the KNCHR has been operating with five Commissioners instead of nine. Mr. Deputy Speaker, Sir, with those few remarks, I beg to move."
}