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"speaker_name": "Hon. Ng’ongo",
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"content": "Thank you, Hon. Speaker. I was engaged in some serious discussions with the Chairman of the National Government Constituencies Development Fund (CDF) Committee. I want to say that the practice of approving appointments is new in this country. I know it has been there for a while now, but it is still a new concept. When this practice began with the promulgation of the Constitution, even at the National Assembly level, we did not have the legal framework to guide the process of approving appointments until Hon. Mungatana brought a Bill that helped us in trying to regulate and bring order into the approval process. An exercise as important as approving public appointments cannot be left at the discretion of committees or any other person who is approving them. When we started approving appointments, all manner of questions were flying around a lot of which were bringing an embarrassment to the National Assembly. That practice is still going on at the county assemblies. For the Senate to bring this legislation, which will formalise and bring clarity on the procedure of approval of appointments, is a welcome move. Hon. Speaker, I heard concerns being raised about the provision of Clause 12 of the Bill with regard to powers of the assemblies when they are conducting this exercise, that they will be equivalent to the powers of the High Court. My colleagues expressed reservations and concerns with regard to that provision, but I do not agree with them. I think this provision is clear that the committee which will be approving or vetting these nominees will have same powers as the High Court only to do the following: Enforce the attendance of witnesses and examine them on oath, affirmation or otherwise, compel the production of documents and issue a commission or request to examine witnesses abroad. I do not see anything wrong with giving county assemblies powers of the High Court to deal with those specific assignments. It is important to empower assemblies when they are executing their constitutional mandate. Now with clarity, I hope our assemblies will execute the function of approving appointments with responsibility. I am not trying to demean the importance of these assemblies. I know they are important and that is why people of this country decided to create legislative organs at the counties. At times, MCAs refuse to approve appointments not on the basis of merit and objectivity, but on other considerations. They pass without much consideration, some of the appointments that ordinarily if subjected to proper scrutiny and vetting, would not pass the test. We have heard of counties where people did not go to a university classroom, but possess documents purporting to have university degrees yet those positions required a first degree as a minimum qualification. 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."
}