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"id": 517397,
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"type": "speech",
"speaker_name": "Hon. Chepkong’a",
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"legal_name": "Samuel Kiprono Chepkonga",
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"content": "Appointments (Parliamentary Approval) Act Chapter 136 of the Laws of Kenya, the Kenya National Commission on Human Rights Act No. 114 of 2011 and common conventions, practices and usages. While vetting the nominee, we found him to have met all the required qualifications as stated in the Act. Hon. Speaker, when we considered the nominee, we were alive to the fact that he is a person from the disabled community. We were, indeed, very sympathetic to him because he qualifies in all respects. However, the law requires Parliament to consider something, while vetting the nominee under Section 11(5). Before a nominee is forwarded to the President, a selection panel is normally constituted for purposes of interviewing and shortlisting persons to be appointed as commissioners to the Kenya National Commission on Human Rights (KNCHR). Section 11(5) states as follows:- “ The selection panel shall within seven days of receipt of applications under Subsection (4) consider the applications, interview and shortlist, at least, three persons qualified for appointment as chairperson and eight persons qualified for appointment as members of the Commission and shall forward the names of the selected candidates to the President for nomination.” When those applications were invited, the persons who applied for this position and were considered by the selection panel were a total of 13. In that list, we had the name of Dr. Kabue. The selection panel carried out the interviews, shortlisted and forwarded the names to the President. In the shortlist that was forwarded to the President, the name of Dr. Kabue was not included. Consequently, the Committee, looking at the shortlist dated 18th September, 2013 that was forwarded to the President--- Again, let me say that those are not documents of the National Assembly. They are documents that were given to the Committee. It is the duty of the Committee just to review the documents. We did not originate these documents. So, the letter that was forwarded to His Excellency the President on 18th September, 2013 and signed by Mr. Erick Mutua who was the Chairperson of the Selection Panel had the following persons for membership of the Commission:- 1. Henry Omusundi Maina. 2. Nelly Awori Matheka. 3. JedidahWakonyo Waruhiu. 4. Naomi Nyambura Wagereka. 5. Eric O. Ogwang’. 6. Suzanne Shatikha Chivusia. 7. John Kamanda Mucheke. 8. George Morara Monyoncho. Those are the names that were forwarded to the President. As required by Section 11(5), these names were then forwarded to the President for purposes of appointment and being forwarded to the National Assembly for vetting. His name was not contained here. Although we found him to be qualified, the process in which he went through in terms of appointment did not comply with the law. Consequently, the Committee felt, as required by the Constitution under Article 73---Before I read that, the letter that we received from the objector, one Mr. Suyianka Lempaa, whom we had also rejected after coming through the same process in which he had not been shortlisted, said he was also objecting to Dr. 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."
}