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"content": "Mr. Deputy Speaker, Sir, I beg to move:- THAT, this House adopts the Report of the Departmental Committee on Administration of Justice and Legal Affairs on the Deliberations of the Nomination to the Kenya Anti-Corruption Advisory Board laid on the Table of the House on Thursday, 30th March, 2006. Mr. Deputy Speaker, Sir, as you are aware, copies of the Report have been available in 568 PARLIAMENTARY DEBATES April 19, 2006 Room No.8. I am sure that hon. Members have picked up copies and read the Report. The nominations arose, first, from the resignation of the former Chairman, Mr. Ahmednassir, who was the nominee of the Law Society of Kenya (LSK); and the resignation of Mrs. Fatuma Sichale, who had been nominated by FIDA. Hon. Members will recollect that when Parliament enacted the Anti-Corruption and Economic Crimes Act, the rationale behind the provision was that, as the country has recently witnessed, by and large, corruption is perpetrated by the Executive. It was, therefore, found necessary to ensure that the role of the Executive in constituting the Advisory Board, or recruiting the Director of the Kenya Anti-Corruption Commission (KACC) and the Deputy Directors, was kept to a minimum, so that autonomy is secured for the Advisory Board. Mr. Deputy Speaker, Sir, the statute eventually enumerated the various bodies which were given the legal mandate to nominate members to the Advisory Board. The law says that each of the institutions which are mandated to nominate people to the Advisory Board will bring two names to Parliament through the Minister, and Parliament will consider the names through the relevant Committee, in this case, the Committee on the Administration of Justice and Legal Affairs. The Committee can reject both names or accept one and reject the other one and then bring the report to Parliament. The role of Parliament is very sacred when vetting these nominations. Recently, the Committee on the Administration of Justice and Legal Affairs had the privilege of travelling to the United States of American to study first hand, how the Senate in that country goes about confirmations. We were privileged, indeed, because we witnessed on several days the confirmation hearings regarding Mr. Justice Harries, who is now the new Chief Justice of the United States. We also studied first hand, the manner in which the State of New York Senate goes about confirming appointments to key public sector appointments. Mr. Deputy Speaker, Sir, the Committee on the Administration of Justice and Legal Affairs was much enriched by those experiences. So, when we were considering these nominations by FIDA and the Law Society of Kenya, I am happy to report that the Committee on the Administration of Justice and Legal Affairs operated on absolutely non-partisan basis and we are interested in looking at the merits of the proposed nominees. We were guided by the need to have men and women of integrity, outstanding ability and proven track-record constituting the Advisory Board because the Advisory Board of the Kenya Anti-Corruption Commission is the highest policy body that sets the policy for the Director. It is the body that actually recruits the Director and the Deputy Directors. Mr. Deputy Speaker, Sir, it is a matter of regret that the Commission, even today, is operating without a Deputy Director of Finance, in spite of the fact that in the particular case of the Deputy Director in charge of Finance, the Committee and this House vetted and approved the appointment of Dr. Rotich to be the Deputy Director of Finance. The Act says that once this House has vetted and confirmed the appointment, the President shall appoint that individual. That is the phrase used. In spite of a resolution of this House calling on the President to perform his ceremonial function of appointing and gazetting the appointment of Dr. Rotich, he has failed to do so with the consequence that, that position remains vacant even today. It cannot be right for an important body like the Kenya Anti-Corruption Commission to continue operating without a Deputy Director in charge of Finance. This House is now being called upon to adopt the Report of the Committee in filing in the two vacant positions in the Advisory Board, namely, the position of the Law Society of Kenya and that of FIDA. Mr. Deputy Speaker, Sir, having looked at the nominees by the Law Society of Kenya and FIDA and having very carefully considered the very heavy responsibilities placed on the shoulders of the members of the Advisory Board, the Committee felt unable to recommend to this House the nominations by FIDA by purely on the basis of the track-record of the two nominees who were April 19, 2006 PARLIAMENTARY DEBATES 569 forwarded by that organisation. One is looking for somebody with an outstanding track-record and curriculum vitae and none of the two nominees by FIDA met that criteria in the unanimous opinion of the Committee on the Administration of Justice and Legal Affairs. We are recommending to this House that the two nominees from FIDA be declined and that FIDA be asked to bring in fresh nominees who meet the criteria. In the case of the Law Society of Kenya, the Committee again unanimously thought and was of the opinion that Mr. Eric Okongo Mogeni actually met the high standards which are envisaged in the Act. The Committee is, with respect, asking the House, if it agrees with the Report of the Committee, to accept the nomination of Mr. Eric Okongo Mogeni, as the new member of the Advisory Board to the Kenya Anti-Corruption Commission, so that he can fill the position which was left vacant by Mr. Ahmednassir. Mr. Deputy Speaker, Sir, the House will recollect that, in fact, the Chairman of the Advisory Board, who was also the former Chairman of the Law Society of Kenya, resigned his position on principle failing the appointment of Dr. Rotich as the Deputy Director of Finance. He felt that he could not continue chairing the Board. We, as a Committee, have compiled a report that will guide this House in vetting appointments in future. The report will be brought to the House. My plea is that when this House is called upon to vet or approve an important public sector appointment, we should endeavour to set up a criteria, act on non-partisan basis and look at the merits, the experience and the ability of the individual irrespective of their ethnic background. With those few remarks, I beg to move the Motion."
}