Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 773717,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/773717/?format=api",
    "text_counter": 109,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "provisions of the Constitution, the Public Appointments (Parliamentary Approval) Act 2011 and the National Assembly Standing Orders on their suitability or otherwise for appointment as Cabinet Secretaries (CSs). Pursuant to Section 7 of the Act, 2011, the Committee considered various issues during the approval hearing. The Committee considered the procedure used by the appointing authority to arrive at the nominees. The Committee observed that Article 152(2) of the Constitution provides that the nomination of CSs is a constitutional prerogative of the President and for this matter- I mean the President not the people’s president - there is no further procedure prescribed in the Constitution or the statute law. So, Article 152(2) gives powers to the President to nominate individuals who will serve in his Cabinet. In addition, the Constitution sets out certain requirements regarding the appointment of persons to public office. Article 27(8) of the Constitution provides that the State shall take legislative and other measures to implement the principle that not more than two-thirds of the Members of elective or appointive bodies shall be of the same gender. Based on the nine nominees that the President has sent to the National Assembly, six were men and three were women. The list forwarded has met the two-thirds threshold as set out under Article 27(8) of the Constitution. Article 130(2) provides that the composition of the national executive shall reflect the regional and ethnic diversity of Kenya. The Committee observed that the nominees hail from different regions of the country and were from diverse ethnic groups. The Constitution contemplates a maximum of 22 CSs whereas the country is composed of 47 counties. In view of the limited number of persons who can be appointed to the Cabinet, it will not be possible to have CSs who hail from every county. Article 232(1)and (i) provides that the values and principles of public service include affording, adequate and equal opportunities for appointment, training and advancement, at all levels of the public service of men and women, the members of all ethnic groups and persons with disabilities. The Committee looked at that Article. Further, Article 54(2) of the Constitution mandates the State to ensure that there is a progressive realisation of the principle that at least 5 per cent of members of the public in appointing bodies are persons with disability. Hon. Sankok was a Member of our Committee and we realised that progressively. We will attain the 5 per cent for people with disabilities. That is why we have one person at the Principal Secretary level. Article 55 of the Constitution mandates the State to take measures, including affirmative action, to ensure that youth have opportunities to associate, to be represented and participate in the political, social and economic spheres of life. Article 260 of the Constitution defines youth as a person who has attained the age of 18 years but has not attained the age of 35 years. Hon. Rashid Echesa Muhamed falls within that category. He is the youngest among the nine nominees. He was the most dynamic. Further, the Constitution requires the State to take affirmative action to ensure that the youth have opportunities – something I am sure this Government is doing. The Committee, in deciding on the suitability of the nominees, took into consideration the various provisions of the leadership and integrity as outlined under Chapter Six of the Constitution. Further, the Committee observed that the suitability of a nominee should be evaluated holistically, taking into account the nominee’s academic credentials, professional training, experience, background, personal qualities as well as the performance of the nominee during the approval hearings. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}