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{
    "id": 300273,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/300273/?format=api",
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    "content": "the nominees to the National Police Service Commission on the Table of the House and gave notice of Motion for the adoption of the report. On Tuesday, 22nd May, 2012, in the course of debate on the report of the Committee, the hon. Ababu Namwamba rose on a point of order under Standing Order No.47(3)(b) and raised a number of questions. The hon. Member sought to know whether the Departmental Committee on Administration and National Security had acted outside its mandate by going beyond the list of names submitted to it through the Office of the Clerk of the National Assembly by the letter dated 7th March, 2012. In this regard, he observed that the Committee in its report had stated that it had invited all persons who had been short-listed for the position of chairperson to appear before it despite the fact that these persons had been interviewed by the selection panel. He further observed that the names of some of the persons who had appeared before the Committee were not among the names that had been fowarded by His Excellency the President to the National Assembly for approval prior to appointment. Mr. Namwamba further sought to know whether the Committee had exceeded its mandate by conducting actual interviews as opposed to vetting the nominees as was required by law. The Member took the view that the Committee may have engaged in a re-interviewing process, or in an audit of the work of the selection panel and that the Committee may have served as an appellate tribunal for the candidates who had previously been interviewed, and who had not been nominated for appointment to the Commission. Mr. Namwamba, therefore, urged the Chair to find that the report of the Committee could not be considered by the House in the form in which it had been tabled owing to the procedural anomalies that he had observed. He argued that to proceed with the consideration of the report would be an illegality and would be unconstitutional. A number of Members rose to contribute to the matter, among them Mrs. Odhiambo-Mabona, Mr. Kapondi, Dr. Khalwale, Mr. Mbadi, Mrs. Shebesh and the Attorney-General, Prof. Githu Muigai. The issues they raised included the following:- (a) that there was no consultation between His Excellency the President and the Rt. Hon. Prime Minister in forwarding the names of the nominees to the National Assembly, and, therefore, the report of the Committee was not properly before the House. (b) That the report is unconstitutional in recommending to the President the appointment of persons other than those nominated by the President. (c) That there is no unconstitutionality or illegality in the Committee recommending the names of the persons it considered ideal for appointment and that this is not binding on the President. I will pause so that those Members can walk in."
}