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"id": 778087,
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"speaker_name": "Hon. Cheptumo",
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"legal_name": "William Cheptumo Kipkiror",
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"content": "to be made by a body specified under Article 171(2)(g) of the Constitution, the nominating body shall submit names of the nominees to the President. Those three nominees, two representing the public and one the PSC were, indeed, forwarded to the President. So, we are satisfied that that provision of the Constitution was complied with. Regarding regional representation and ethnic diversity, the Committee considered the list of nominees proposed for the appointment as members of the Judicial Service Commission and noted that, if the nominees were all approved, the composition of the commission would reflect regional and ethnic diversity of the Republic of Kenya – again, complying with that constitutional requirement. The third item is the two-thirds gender principle. The Committee was satisfied upon consideration of the total membership of the commission. The committee noted that four members of the commission are women while seven are men. If a mathematical formula is applied, one-third of 11 is 3.6 which rounds off to four. Two-thirds of 11 is 7.3 rounded off to seven. As such, the composition of the commission would satisfy the two-thirds gender principle as set out under Article 27(8) of the Constitution. On the principle of persons with disability, the youth, leadership and integrity, the committee satisfied itself that all the constitutional requirements were met. This being a constitutional commission, those standards set by the Constitution were fulfilled. We are satisfied as a committee. One last issue I wanted to talk about is that public participation is no longer an issue of choice, it is mandatory. As we vet public and State officers, it is important that we allow the public to participate. Out of the three nominees, we only had issues regarding one nominee, Prof. Olive Mugenda. I do not want to take too much time on that because our Report is very clear. From pages 37 to 39, the issues that were raised by Dr. George Lukoye are outlined. Dr. George Lukoye raised nine issues in his memoranda contesting the nomination of Prof. Olive Mugenda. The nominee appeared before us, made formal submissions and thereafter she was able to file an affidavit, clearly responding to the various allegations made against her. I want to confirm to this House that having gone through the allegations by Dr. Lukoye and having considered the oral submissions by the nominee and also the contents of the affidavit signed, we were satisfied that the allegations made against the nominee were not factual. We have allegiance as the business and function of proving. I want to inform the House that we were satisfied that apart from those allegations raised against Prof. Olive Mugenda, there was no other memoranda contesting the nomination of the other two nominees. During the approval hearings, we were able to engage the nominees on their academic qualifications, employment record, professional affiliations, potential conflict of interest, and knowledge of the relevant subject, overall suitability for the position, integrity, vision, leadership, expectations in key areas. These are requirements set out by the law and as we engaged the nominees, we had to be satisfied as a Committee. The three nominees appeared before the committee. Pages 26 to 33 of our Report contain submissions by those nominees on the areas I have covered. Overall, after the vetting, the Committee made the following observations. The three nominees had the experience necessary… Allow me to finish, Hon. Speaker. It is my responsibility to say that the Committee recommends to this House as follows: 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."
}