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"content": "“There is established a Parliament of Kenya, which shall consist of the National Assembly and the Senate.” Hon. Senators, the chronology of events in this matter appears to be as follows- (a) On Wednesday, 3rd June 2015, the Speaker of the National Assembly communicated a Message from H.E the President regarding nominees to the positions of the Chairperson, Governor and Deputy Governor of the Central Bank of Kenya; (b) In the said communication, the National Assembly was informed that- (i) pursuant to section 11 of the Central Bank of Kenya Act, His Excellency the President, had nominated Mr. Jairus Mohammed Nyaoga to the position of Chairperson of the Board of Directors of the Central Bank of Kenya; (ii) pursuant to sections 13 and 13B of the same Act, His Excellency the President had nominated Dr. Patrick Ngugi Njoroge and Mrs. Sheila M’Mbijiwe to the positions of Governor and Deputy Governor of the Central Bank of Kenya, respectively; and, (iii) His Excellency the President was seeking the approval of the National Assembly on the said nominations. (a) The nomination by His Excellency the President was not sent to the Senate. (b) The approval of the Senate was not sought. (c) The National Assembly commenced the vetting process through its Departmental Committee on Finance, Planning and Trade, which tabled its report endorsing the three nominees on 17th June, 2015. (d) The National Assembly, on Thursday 18th June, 2015 debated the Report on the approval of the nominees and passed it without amendments. Hon. Senators, from the foregoing chronology, it should be noted that- (a) The Central Bank of Kenya Act requires the approval by Parliament, that is, both the National Assembly and the Senate, before the Governor and the Deputy Governor are appointed to office; and, (b) The Senate has not been involved in the vetting and approval processes for the nominees for the positions of Governor and Deputy Governor; as required by the Act. Hon. Senators, when this matter came to the attention of the Speaker of the Senate on 23rd June, 2015, the Speaker of the Senate wrote a letter to the Speaker of the National Assembly and copied it to the Attorney-General, the Cabinet Secretary for National Treasury, the Chairperson of the Commission for the Implementation of the Constitution (CIC) and the Chairperson of the Commission on Administrative Justice. In the letter, the Speaker of the Senate drew their attention to the relevant provisions of the law and informed them that any purported approval or appointment made otherwise than in accordance with the provisions of the Central Bank of Kenya Act would not be proper and would amount to a nullity in law for all purposes. However, as of today, no response or acknowledgement of this letter has been received. Hon. Senators, I, therefore, wish to conclude by responding to Sen. (Dr.) Khalwale’s enquiry by reiterating only that the Constitution as read with the Central Bank of Kenya Act at Sections 13 and 13B, require that both the National Assembly and the Senate vet 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."
}