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{
    "id": 789164,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/789164/?format=api",
    "text_counter": 123,
    "type": "speech",
    "speaker_name": "Hon. Cheptumo",
    "speaker_title": "",
    "speaker": {
        "id": 50,
        "legal_name": "William Cheptumo Kipkiror",
        "slug": "william-kipkiror"
    },
    "content": "The vetting of the nominee stopped on the following grounds and I wish to state as follows: The nomination of Justice Mohamed Abdullahi Warsame by the President and subsequently subjecting him to vetting by the National Assembly is ultra vires to the Constitution and the law. It is in violation of Article 171(2) and Section 15(2) of the Judicial Service Commission Act. In view of those orders of the court, the Committee could not: (a) Comply with Section 6(3) and (4) of the Public Appointments (Parliamentary Approval) Act and Standing Order 45(3), which requires the Clerk of the National Assembly and the Committee to notify the nominee and the public the date, time and venue for holding the approval hearings; and, (b) Review and consider information received from the Ethics and Anti-Corruption Commission (EACC), Kenya Revenue Authority (KRA), Directorate of Criminal Investigation (DCI), Higher Education Loans Board (HELB) and Registrar of Political Parties with regard to the nominee’s status on integrity, tax compliance, criminal record, educational loan repayment and political party affiliations. We, therefore, could not proceed with the vetting of the nominee on 11th April 2018. The Committee also made observations on the case that was filed. The first observation was that the National Assembly was on 28th March 2018 duly served with a court order suspending the notice inviting the public to submit representation to the National Assembly concerning the vetting of Hon. Warsame. The second observation was that of prohibiting the National Assembly from vetting the first interested party – that is Warsame – for appointment as a member of JSC and prohibiting him from appearing before the National Assembly for vetting. The National Assembly had obeyed the court order and instructed its litigation department to defend the suit. Finally, the inter partes hearing of the application for conservatory orders in the matter is scheduled for hearing on the 3rd May 2018. Taking into account the orders issued by the court, and not having been able to undertake the vetting process, the Committee makes the following recommendations: (a) That, in light of the ex parte conservatory High Court orders prohibiting the National Assembly from vetting Hon. Justice Warsame for appointment as a member of the JSC, the Committee is not in a position to vet him and submit a report to the House on his suitability or otherwise as required by section 8(1) of the Public Appointments (Parliamentary Approval) Act, 2011 pending the outcome of the court case. (b) That, further in light of the court order, the House is not in a position to pronounce itself on the approval or otherwise on the nomination of Hon. Justice Warsame for appointment as a member of the JSC as contemplated under Article 250(2)(b) of the Constitution of Kenya. With those, Hon. Speaker, I want to appeal to my colleagues that we approve the Report as presented by the Committee – that, we are unable to approve the nomination of Justice Warsame for the reasons I have outlined in this report. It is important that this House took the liberty to obey the court order that was served upon it. As a House that believes in the rule of 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."
}