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{
    "id": 530701,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/530701/?format=api",
    "text_counter": 141,
    "type": "speech",
    "speaker_name": "The Senate Majority Leader",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, it is my Bill but I am just saying that, we need to improve the way it is framed. The purpose of Second Reading is to ensure that the Bill is improved. I am not casting aspersions at the quality of the Bill. The function of the Board is mainly to provide strategic direction. Under Clause 11, the secretary and the CEO of the Board will be appointed by the Board through a system of merit, open, transparent and competitive process. The CEO must have a degree, ten years of experience including five years in the relevant field and he or she must meet the requirements of Chapter Six on Integrity and Leadership. The term of office is five years for the CEO on terms and conditions to be set by the Board and he or she may be reappointed for a further term of five years which is final. The CEO or the secretary may be removed from office for inability to perform, gross misconduct, incompetence or bankruptcy. If the intention of the Board is not to reappoint the CEO, they must notify him or her three months before the expiry of his or her initial appointment and advertise the position. Mr. Temporary Speaker, Sir, I want to rush very quickly because of time and highlight three other provisions. The first one is Clause 27, which deals with the immunity of the Board. The Board members, according to this Bill, must enjoy functional immunity. By functional immunity, it is envisaged that any action that is taken by a board member, or an employee of the board, in performance of their duties under this Bill, cannot be the subject of individual liability unless it is a criminal offence. There is a limited functional liability. You are only immune if you are doing the functions of the Board. So, if you commit a crime, it is not your job description as a board member to commit crime. So, the immunity will not arise. I think that at the same time, it is 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."
}