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{
    "id": 517398,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/517398/?format=api",
    "text_counter": 86,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Kabue being approved as a nominee to the KNCHR because his name was also forwarded to the National Assembly, but was not in those who had been shortlisted by the selection panel. I see some hon. Members have a lot of interest and they are seeking to make amendments. Mr. Suyianka has said in this affidavit that he has legitimate expectations that this House will reject the nominee like we rejected him. Article 73(2)(b) of the Constitution which guides this House states as follows:- The guiding principles of leadership and integrity include- (b) Objectivity and impartiality in decision-making and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices.” To ensure that we are objective and impartial, we must apply the same yardstick that we applied on Mr. Soyianka Lempaa in rejecting him, notwithstanding that, that is a person who is from the disabled community. As we have always said, disability is not inability. That person is totally qualified. It is just that the process was not followed.As a National Assembly, even if we want to amend the recommendations of the Committee, we will also be required to amend Section 11(5) of the Act itself so that we comply with the law. Do not only reject what the Committee has said. You must also move an amendment to Section 11(5) of the KNCHR Act. Considering all those, the Committee came to the unanimous decision as follows:- That this House rejects the nomination of Dr. Samuel Njuguna Kabue as a commissioner to the Kenya National Commission on Human Rights because the process leading to his nomination does not comply with Section 11(5) of the KNCHR Act No. 14 of 2011. Secondly, that a new selection panel be constituted to receive applications, interviews and shortlist them for nomination in line with Section 11(1), (4) and (5) of the KNCHR Act No. 14 of 2011. As much as I have heard that hon. Mwaura is seeking to make amendments, I would have expected him to have---I am not saying anything. He is my very good friend. Since we published this, he should have come to the Committee so that he can also support the nominee. It is unfair, and late in the day, for him to move this amendment because there is no hon. Member who was denied the opportunity to come and support. There are very many who supported. What we are saying is that we must stick by what the law states. Until we amend the law, we must live by it. I would like to request hon. Ochieng to second."
}