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{
    "id": 595865,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/595865/?format=api",
    "text_counter": 195,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Wahome",
    "speaker_title": "",
    "speaker": {
        "id": 1700,
        "legal_name": "Alice Muthoni Wahome",
        "slug": "alice-muthoni-wahome"
    },
    "content": "The Committee has deliberated on this Petition and the findings show that we are in agreement with the Petitioner. There is a recommendation by the Committee that a tribunal be set up by the President to commence the process of removing this Commissioner from office. This Commission has seriously suffered quorum issues. Major (Rtd.) Muiu is one of the commissioners. Under Article 242 of the Constitution, quorum is mandatory among other requirements. Therefore, when he is not present, the vacancy becomes a challenge in the way of moving the proceedings of the Commission. Currently, as stated by the Departmental Chairman, there are three vacancies in this Commission; one by virtue of the absence of Major (Rtd.) Muiu. There is the vacancy created by the death of Esther Chui who was the Vice-Chairperson which has not been filled for the last two years and the third vacancy has risen due to the retirement of Grace Kahindi, the Deputy Inspector-General (IG). Therefore, this Commission has two critical quorum members: The Deputy IG and this particular commissioner. Hon. Speaker, there is correspondence in support of the Petition and the findings of the Committee that clearly indicate there have been serious efforts to understand the reasons why this Commissioner has stayed on the job taking into account that he has been unable to perform his duties. He fell sick as stated in the attached correspondences from the Commission that were presented to the Committee during its proceedings. The correspondences are many and it is clear that there has been no cooperation on the part of this commissioner. Notwithstanding the fact that he has been unwell, he has not attended to the request that he agrees to be subjected to a medical board process. He declined that. There have been various discussions which he has failed to accept. He has also failed to reply to correspondence sent by the Commission. The Committee, as stated by the Chairman, made various efforts to bring him to the Committee. He also did not attend. Therefore, in the recommendations, we said that you cannot stay away on medical grounds for more than the necessary period. He has been away since February 2013. He fell ill while he was on duty but since 2013 he has not been able to go to the office. With that understanding, the Committee was at pains to arrive at this decision considering that he is somebody who has given a lot of service. Nevertheless, the vacuum must be filled and we had expected that he would take the less painful route of retiring. He has even been given letters. The Commission has made those requests. I believe that his failure to attend the Committee session to present his case clearly demonstrates the fact that he is no longer interested in being a commissioner and, therefore, the Petitioner’s case was fairly proved because one of the accusations and charges is that he has not been in office to execute his duties since 2013. It is not possible to use the excuse that he is out on medical grounds or he has kept away on bad health because that can only be for six months and extended pursuant to regulations. Therefore, he is beyond the accepted period to stay away on medical grounds. It is important for Members of this House to see the larger public interest that the Commission is being denied a critical quorum set under the Constitution. Therefore, if this House approves this Motion, the President should move with speed to set up a tribunal. We appeal to the House to find that public interest in this particular case should not be compromised by the need to keep a commissioner in office even when he has been unable to perform his duties or mandate. Sections 8 and 9 of the law and Article 251 of the Constitution require that a tribunal must be set up because this is a constitutional office and he cannot be removed through any other method or route. Therefore, we appeal to Members to find this Petitioner’s case well proved and stated. There is supporting documentary evidence to show the process, the route and the pain the 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."
}