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{
    "id": 778009,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/778009/?format=api",
    "text_counter": 88,
    "type": "speech",
    "speaker_name": "Hon. Koinange",
    "speaker_title": "",
    "speaker": {
        "id": 1775,
        "legal_name": "Paul Koinange",
        "slug": "paul-koinange"
    },
    "content": "In conducting the vetting process, the Departmental Committee on Administration and National Security examined the nominee against the criteria set out in the Public Appointments (Parliamentary Approval) Act 2011, as follows: (a) Academic qualifications; (b) Employment record; (c) Professional affiliations; (d) Potential conflict of interest; (e) Knowledge of relevant subject; (f) Expectations and key priorities; (g) Overall suitability for the position; (h) Integrity; and, (i) Vision and leadership. To fulfil its mandate and facilitate the vetting, Maj. Gen. (Rtd) Dr. Gordon Odemo Kihalangwa submitted relevant documentation and testimonies supporting his case. The Committee noted that the nominee had complied with and submitted all the clearance certificates and letters from all the relevant institutions. The Committee received two written representation from the Third Way Alliance Party of Kenya and the Kenya National Commission on Human Rights (KNHCR). The Third Way Alliance Party of Kenya presented a memorandum wherein it submitted that the Committee, while undertaking the exercise of vetting nominees for the position of PS, should ensure that the process reflects the role of the National Assembly and that the National Assembly adheres to the provisions regulating leadership and integrity, respects the two-thirds gender rule, reflects equitable representation of special interest groups as well as regional and ethnic diversity of the people of Kenya. The Committee noted that the representation did not meet the requirements under Section 6 (9) of the Public Appointments (Parliamentary Approval) Act 2011. This section requires that a person submitting a memorandum shall make a written statement on oath. Further, the said memorandum was not directed at the suitability or otherwise of the nominee. The KNHCR presented a memorandum opposing the nomination of Maj. Gen. (Rtd) Dr. Gordon Odemo Kihalangwa as PS for the State Department for Immigration, Border Control and Registration of Persons on grounds that the nominee was found culpable for impunity and violation of the law in Miscellaneous Criminal Application No. 57 of 2018, wherein the High Court found that the Director of Immigration acted, together with the Inspector-General of Police and the Director of Criminal Investigations, to defeat the orders of the Court that the required Mr. Miguna be produced in court so that he could be dealt with in accordance with the law. The Commission concluded its submission by urging Parliament to reject the nominee on grounds of gross breach of Articles 3, 10, 28, 29, 40, 43, 45 and 51 of the Constitution. Upon inquiry, the Committee observed that there was a substantiating appeal against the order. The legal process is yet to be exhausted. Therefore, there was no final determination of the matter under Article 75 (2) of the Constitution. Further, it was clear that the matter was sub-judice under Standing Order No. 89. 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."
}