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{
    "id": 676613,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/676613/?format=api",
    "text_counter": 79,
    "type": "speech",
    "speaker_name": "Hon. Gikaria",
    "speaker_title": "",
    "speaker": {
        "id": 2489,
        "legal_name": "David Gikaria",
        "slug": "david-gikaria"
    },
    "content": "Thank you, Hon. Speaker, for giving me the opportunity to support this Bill from the Senate. This Bill was published a long time ago. It has eventually found its way to the National Assembly. First of all, I want to give an example of Nakuru County. I just wish this Bill had become law long time ago. The Governor took a name of the County Secretary to the County Assembly, where it was rejected. Subsequently, that name was reaffirmed by a court of law after some members of the civil society went to court. The Transition Authority went through the backdoor and seconded him to Nakuru County Assembly. He was there for three years. The other day, he was kicked out. He has since gone back to court. If this law was in place, the County Secretary who has been rejected four times could not persist. The specific time that has been given in this Bill, under Clause 2, is very important. Within a specified period of 14 days, after it has gone to the assembly, it should be committed to the process of vetting. The openness of the process is something that is very crucial. Unfortunately, the issues they have indicated there as regards the public giving evidence might scare off the public. Somebody may want to challenge the appointment of another person by giving false information. We need to look at it so that we do not use the same process to scare off the residents within the county. The criterion is just a replica of what we have in Parliament. Members of the public bring documentation. We are in the process of enacting a law regarding public information and access to that information. Without that law being in place, as a resident of Nakuru County, I may want to access certain information I would like to use against a certain officer but that information may not be forthcoming. It is important for us, as the National Assembly, to expedite that process so that any person can access information. Article 11(a) gives the appointee an opportunity to appeal in case he is rejected. It is democratic for us to have that clause to enable an appointee who has not been treated fairly to appeal. The clause gives an opportunity to an appointee to appeal. I am concerned with Article 12, which talks of the powers of the committee. First, under the County Government Act, the composition of the committee has been mentioned. It provides for ways of getting the select committee to undertake the vetting. I am not privy to information on the County Government Act but I think it is important to know who is in the vetting committee at the county level. Of course, it should be inclusive of different parties at the county level. It should have gender balance. In Nakuru County, we have six different parties represented in the county assembly. The composition of vetting committee needs to come out clearly, if it is not indicated under the County Government Act. Article 12 talks about powers of the committee. It says that the committee shall have powers to summon any person to appear before it. The words “any person” need to be qualified. If I have no interest in giving evidence, I should not be forced to do so. Should the committee just summon me even if I do not show any interest? The aspect of “any person” needs to be qualified by indicating that it should be those people who have shown interest in terms of giving evidence. Otherwise, as it is, Clause 12(3) provides for fines against any person who may give false information. False information is a subject of discussion. Who decides what is false? Is it a court of law or the committee? The committee might just be a bogus one. Its members may decide that whatever information you are giving them is false. We need to understand what false 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."
}