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{
"id": 786795,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/786795/?format=api",
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"type": "speech",
"speaker_name": "Hon. Cheptumo",
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"speaker": {
"id": 50,
"legal_name": "William Cheptumo Kipkiror",
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"content": "THAT, this House adopts the Report of the Departmental Committee on Justice and Legal Affairs on the Vetting of the Nominee for appointment as the Director of Public Prosecutions, laid on the Table of the House on Tuesday, 27th March 2018, and pursuant to the provisions of Article 157(2) of the Constitution, approves the appointment of Mr. Noordin Mohamed Haji to the Office of the Director of Public Prosecutions. In exercise of powers conferred by Article 157(2) of the Constitution, as read together with Sections 3 and 5 of the Public Appointments (Parliamentary Approval) Act, 2011, the President, on 15th March 2018, forwarded to this House the nominee for appointment as Director of Public Prosecutions. Pursuant to the provisions of Standing Order No. 42(1) of this House, the Hon. Speaker, on 15th March, 2018, conveyed to the House the message from the President, effectively committing the nominee to the Departmental Committee on Justice and Legal Affairs for vetting. As required under Article 118(1)(b) and Section 6(9) of the Public Appointments (Parliamentary Approval) Act, 2011, the Committee invited the public, through newspaper advertisements, to submit memoranda by way of written statements on oath contesting the suitability of the nominee to hold the office. I wish to report to the House that there was no single memorandum received from the public contesting the nomination of the nominee. This is very important information for Members to know that the nominee was given a clean bill of health in respect of that item, which is a very important requirement. The Clerk of the National Assembly, by a letter dated 16th March 2018, requested for information regarding the nominee from the Ethics and Anti-Corruption Commission, Director of Criminal Investigations, Registrar of Political Parties, Kenya Revenue Authority and the Higher Education Loans Board. This was to assist the Committee to establish the status of the nominee with regard to integrity, tax compliance, criminal record, educational loans repayment and political affiliation, which again is a requirement under the law. Subsequently, the nominee appeared before the Committee on 26th March 2018 and made submissions on his suitability. In conducting the approval hearing, the Committee was guided by the provisions of the Constitution and the Public Appointments (Parliamentary Approval) Act, 2011. As required by Section 7 of the Public Appointments (Parliamentary Approval) Act, 2011, the Committee considered the following areas: 1. The procedure used to arrive at the nominee; 2. The constitutional or statutory requirements of the office in question; 3. The suitability of the nominee with regard to his abilities, experience, qualities, and if those meet the needs of the body to which the nomination is made. I wish to report to the House that when the nominee appeared before the Committee, we made a number of observations which I wish to bring to the attention of the House. Upon hearing the nominee and examining his curriculum vitae, testimonials, professional experience and educational background, the Committee made the following observations, findings and conclusions about him: (1) His academic credentials and professional training and experience are in compliance with the qualifications for appointment as Director of Public Prosecutions as set out in Articles 157(3) and 166(5) of the Constitution of Kenya because of the following:- (a) The nominee holds a Master’s and Bachelor’s degrees in Law from the University of Wales; 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."
}