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{
    "id": 452061,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/452061/?format=api",
    "text_counter": 63,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "The Committee recommended that they have no faith in the panel that is led by Dr. Kamunge and recommended that a fresh selection panel be reconstituted to undertake and finalize the process. As it stands, the appointment process is still pending whereas the Commission is operating with only three members out of a possible nine members. The small number of commissioners is currently undertaking the role and functions that were previously performed by 24 commissioners before the TSC Act came into place in 2011. Clearly, the operations of the TSC have been adversely affected as it cannot effectively carry out its constitutional mandate without a fully constituted commission. Accordingly, in line with the Commission’s constitutional mandate to advise the national Government, it has become necessary to revisit this issue afresh. The Kamunge Selection Panel in accordance with Section 8(5) and (6) of the TSC Act, shall invite applications from persons who qualify for nomination as chairperson by advertisement in, at least, two daily newspapers of national circulation. The selection panel, as per Subsection 6 shall, after the interviews, submit three names of persons qualified for the chairperson to the President. The Kamunge Selection Panel shall then stand dissolved upon the appointment of the chairperson as per the provisions of Section 8 of the Act. In view of the recommendations by Parliament and its Committee, and in order to comply with the law and the resolution of this House, the President is under obligation and shall appoint a new selection panel in accordance with Section 8 of the Act for the selection of five members of the Commission. Once constituted, the selection panel shall post an advertisement in two daily newspapers with nationwide circulation, conduct an interview and forward to the President 13 names of qualified applicants. The President will then forward five names of persons for approval. The panel, in its exercise, must ensure that the following parameters as set out in the Constitution and the Teachers Service Commission Act are adhered to:- (i) regional representation and balance; (ii) gender balance; (iii) a blend of expertise; and, (iv) consider persons with disabilities. Hon. Temporary Deputy Speaker, finally, I want to re-state the need for adhering to the Constitution and the law with a view to avoiding further litigation on this matter. Any further delay in the process of recruiting commissioners will replay harm on the Commission. Given this nature, the Attorney-General has been tasked to advise and appoint, through the President, the selection panel, so that the process can be started afresh. A new panel to be led by another distinguished Kenyan, and not Dr. Kamunge, will be established. Hon. Temporary Deputy Speaker, that is the response I have got from the Executive. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}