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    "id": 300277,
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    "content": "Constitution of Kenya. In the meantime, the Chair undertook to deliver a communication on the way forward in the matter. Hon. Members, arising from the interim directions issued from the Chair, a number of questions have been raised with the Speaker as to the import of those directions, the current status of the Committee report and the way forward in this matter. Questions have been raised as to whether the report of the Committee could be removed from the House when it had already been laid before the House, notice of its Motion and the Motion on the report moved. The Chair of the Departmental Committee has also sought directions on what exactly is expected of his Committee. The present communication seeks to give further clarification and directions on these matters. Hon. Members from the contributions made to this matter, and further to the directions given by the Chair on Tuesday the 22nd May, 2012 the issues that remain for my determination are as follows:- (i) whether or not the Committee overstepped its mandate in its consideration of the nominees for appointment to the National Police Service Commission; (ii) if so, the manner in which the Motion for the adoption of the report of the Departmental Committee on Administration and National Security on the vetting of the nominees to the National Police Service Commission should proceed. Hon. Members Section 6 of the National Police Service Commission Act (Act. No.30 of 2011) sets out in elaborate detail the processes attendant to the appointment of the chairperson and members of the National Police Service Commission. The Act provides for a multi-disciplinary selection panel whose mandate is to invite applications from interested persons, consider the applications received, shortlist the applicants and eventually interview the shortlisted applicants and forward the names of the successful applicants to the President. The President is then required to select the chairperson and the members of the Commission from the names forwarded to him by the selection panel, and to forward the names of the successful applicants to the National Assembly for approval. The role of the National Assembly is provided for in subsection (6) of Section 6 of the Act as follows:- “The National Assembly shall within 21 days of the day it next sits after receipt of the names of the applicants under subsection (5) vet and consider all the applicants, and may approve or reject any or all of them”. Hon. Members, on 8th March, 2012, the names of the nominees were committed to the Departmental Committee on Administration and National Security for vetting in terms of Section 6(6) of the Act. In its report the Committee has indicated that it not only considered the nominees of His Excellency the President to the position of chairperson of the National Police Service Commission, but that it interviewed all the ten candidates who were shortlisted by the selection panel for the position. Hon. Members, the Powers and Privileges Act, Cap.6 of the Laws of Kenya, and the Standing Orders empower a Committee to summon any person to appear before it. Section 14 of the Act provides that the Assembly or any standing Committee may, subject to the provisions of Sections 8 and 20, order any person to attend before it and give evidence or produce any paper, book, record or documents in the possession or under the control of that person. The Act further provides that these powers may be exercised by any other Committee which is specially authorized by a resolution of the"
}