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"content": "from people who do not come from the local community or the tribe that is in the local area. Mr. Deputy Speaker, Sir, the advise was not open ended because as Sen. Mutula Kilonzo Jnr. said, this was a Kericho issue. Now that it has passed to us, it was an issue in the Kericho impeachment. Part of the issue in Kericho was that there was an extension stretching of the advisory position beyond that which was given as an interim. So, both interim and any advisory position that is necessary and which is created by the county, they must make the request. The Act is very clear; you have to make a request to the CPSB so that, that position is created either as permanent in the Public Service Commission (PSC), or a part time work for a particular period, in which case it will be on contractual terms of maybe five years or for the period of the term of the Governor when he is in office. Mr. Deputy Speaker, Sir, regarding the legality of the extra person, the problem with the Act is that it is silent on the quorum of the CASB with regard to the legality of the proceedings that are going to be conducted in the absence of the person being appointed from the local community. Maybe that is an area we may want to tighten in a Miscellaneous (Amendment) Bill in future so that it is as the TA has proposed here, we must make clear the period within which a person should be appointed. If you look at all the other people, they have a conflict of interest. They are the internal management; you need a person with an outside eye; someone who is going to look at issues from a fairly objective perspective for that matter. Finally, Mr. Deputy Speaker, Sir, is the question of those being sacked after a few months and then being replaced by the others. It is part of the things we have said out there. We continue to say in this House that the county assemblies must not be used as a forum of blackmail in the sense that they are blackmailing anybody by saying that if a person who is in the office does not comply, or if they appear to be so objective to the extent that they are going to reveal any acts of corruption, then they will be dispensed off with. There must be clear procedures and those people have contractual terms. The CASB members must obey the law and follow the procedure. Anyone who is aggrieved must also follow the procedure for complaints. Finally, Mr. Deputy Speaker, Sir, is the issue about the independence of the board. Both the CASB and CPSB are supposed, theoretically under the Act, to operate independently. But there are instances we are told where most of them operate as a smaller arm of the Governor’s directives. It is the responsibility of the county assembly to maintain that independence and to ensure that those who serve in the board are protected from any acts of illegalities that are going to be committed through the Executive wishes just to create positions for the sake of it. Mr. Deputy Speaker, Sir, there is the issue of qualifications that was raised by Sen. Sang. Again, I think every qualification is a subject of advertisement just like any other job. That is why the point is that the board must first create the position, they then categorize it in this or that category so that, then, there is also equality in payment. There are cases where we are told that a political advisor who is just advising the Governor about politics of the local area is paid more than a County Executive Committee (CEC) The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
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