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{
    "id": 577680,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/577680/?format=api",
    "text_counter": 130,
    "type": "speech",
    "speaker_name": "Hon. Chepkonga",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "in the Gazette appoint the applicant to the Commission. (6) Where the National Assembly rejects any nomination, the Speaker shall within three days communicate its decision to the President and request the President to submit fresh nominations. (7) Where a nominee is rejected by the National Assembly under subsection (6), the President shall within seven days, submit to the National Assembly a fresh nomination from amongst the persons shortlisted and forwarded by the Public Service Commission under subsection (1)(f). (8) If the National Assembly rejects any or all of the subsequent nominees submitted by the President for approval under subsection (1), the provisions of subsections (1) and (2) shall apply. (9) In short listing, nominating or appointing persons to fill a vacancy in the Commission, the Public Service Commission, the National Assembly and the President shall ensure that not more than two-thirds of the members are of the same gender. As you know when the reservation from the President was forwarded to the House and then submitted to the Departmental Committee on Justice and Legal Affairs Committee, the Committee went through it and noted the Presidents’ reservations. The Committee in its meetings, deliberated upon the reservations of the President which it concurs with as mentioned by the Leader of the Majority Party. He wanted to ensure that the intention of the National Assembly of removing the requirement for a selection panel for the purpose of filling a vacancy in the Commission was achieved. Consequently, the Committee noted the following that the import of the recommendations by the President was for the House to accede to the President’s assertion that its intention was to remove the selection panel in its entirety from the process of appointing the EACC commissioners. It was also noted that Article 79 of the Constitution mandates Parliament to enact legislation to establish an independent EACC which shall have the status and powers of a Commission under Chapter 15 for purposes of ensuring compliance with and enforcement of the provisions of this Chapter. In recognition of that role of the House, we, therefore, sought to ensure that we complied with the Speaker’s ruling which stated very clearly that any amendment to the presidential reservations must be within the spirit of the President’s reservations. Consequently, it is to ensure that the process of nominating persons after the removal of that process which was supposed to be followed within the selection panel is, therefore, followed in the nomination of commissioners by the Public Service Commission (PSC). Further, to ensure that once those persons have been nominated and submitted to the President, before the President appoints them, they are brought to the National Assembly for purposes of approval as required by Article 250 of the Constitution. What we sought to do was just to ensure that we align the President’s reservation to the Constitution and the spirit of ensuring that the PSC conducts the interview in a very systematic manner. That is the proposal. Thank you."
}