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"content": "bodies to nominate the commissioners at their will, which creates confusion. Therefore, there is need for the law to be amended to clearly specify the timelines for the nomination process to ensure that the vacancies are filled within a given timeframe. Section 9 of the current SRC Act of 2011 does not provide for the vacancy arising as a result of the expiry of the Commission’s term. In fact, under Section 9 of the current Act, the office of the chairperson or a member of the Commission becomes vacant if the holder dies, resigns from office by a notice in writing addressed to the President or is removed from office under any of the circumstances specified in Article 251 and Chapter Six of the Constitution. There is no provision for the expiry of the term of the Commission. In fact, what this amendment is providing for under that section of the Act is that we must introduce the element of expiry of the term of the commissioners. This is not listed in the requirements. As such, there is no express requirement for notification of a vacancy, resulting from expiry of term, in the Gazette within 14 days, as is provided for vacancies arising from the circumstances contemplated under Section 9(1). A notification of vacancy in the Gazette is, therefore, necessary to prompt the simultaneous nomination of the commissioners by various nominating bodies. Mr. Deputy Speaker, Sir, we are proposing two amendments under Section 7 to provide for that timeframe of starting the process of nomination and to provide for the vacancy arising because of expiry of the term of the Commission. Mr. Speaker, Sir, under Article 230(2)(b)(vii) of the Constitution, the Senate nominates a commissioner to the SRC, on behalf of county governments. That is why it is very important that we initiate this amendment, as the Senate. In fact, it is within our mandate to do so. It is my request that this House enacts this amendment so that there is clarity in the way the commissioners of the SRC are appointed. With those few remarks, I beg to move and ask Sen. Orengo to second the Bill."
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