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"id": 816323,
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"type": "speech",
"speaker_name": "Baringo North, JP",
"speaker_title": "Hon. William Cheptumo",
"speaker": {
"id": 50,
"legal_name": "William Cheptumo Kipkiror",
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"content": "I report to the House that after the expiry of the timeframe, there was no memorandum presented by the public in respect of two nominees that is Washington Opiyo and Ndung’u. But, there was a memoranda presented by a member of the public in respect of nominee for the Chairperson, Florence Kajuju. This memorandum was not admissible because, as required under the law, it should have been done under oath. It was just a communication, not even to the Clerk but the Chair of the Committee. It was also given to the Committee outside time – the deadline was supposed to be 9th yet it was presented to the Committee on 10th. So, on the basis of those three reasons, the Committee did not admit that memorandum and could, therefore, not stand the test of our legal provisions. The Clerk also requested for information regarding the nominees from various agencies: Information from the EACC, the KRA, the DCI, the HELB and the Registrar of Political Parties. All the information sought in this regard is to enable the Committee and this House establish the status of the nominees on their integrity or compliance, criminal records, educational loan repayment and political party affiliations. I also want to confirm to the House that out of the three nominees, there was no single report from these agencies that was against the three nominees. In the Report, we are able to table the certificates from these institutions confirming that they had no issues with the nominees. This is very important because this House rejected an appointment or nomination of Dr. Chumo a few minutes ago. It was on the basis of integrity. So, I am happy to report to the House that the three nominees had no issue touching on their integrity in the reports from the agencies I have mentioned. Hon. Speaker, these nominees appeared before the Committee on 18th July, 2018. Page 21 of this Report is on the issues for consideration during the approval hearings. They were three: the procedure used to arrive at the nominees; the constitutional and statutory requirements relating to the nominees; and finally, the suitability of the nominees for appointment proposed with due regard as to whether the nominees’ abilities, experience and qualities meet the needs of the body to which the nominees are made. The Committee was guided by those three very important considerations which are set out very clearly under Section 7 of the Act. Hon. Speaker, in the interest of time, I will not go through every observation on these issues. In summary, Section 11 of the Act sets out the procedure to be used to arrive at nominees. There is supposed to be a selection panel which invites applications from members of the public, interview them and recommend names. We wish to confirm to this House that the committee noted that the nominations had been made in the manner prescribed under Section 7 of the Act and the Constitution. The other consideration which is important is regional representation and ethnic diversity. I do not need to quote Articles 250(4) and 10(2) of the Constitution because they are very clear. I wish to just say that Section 13 of the Act provides: “In shortlisting, nominating or appointing persons as chairperson and members of the commission, the selection panel, the National Assembly and the President— (a) shall ensure that not more than two thirds of the members are of the same gender; (b) shall observe the principle of gender equality, regional and ethnic balance; and (c) shall have due regard to the principle of equal opportunity for persons with disability.” Out of the three nominees, one is a person living with a disability. He is a deaf person. I want, therefore, to confirm that these requirements have been fulfilled. The committee considered the list of members proposed for appointment as members of the commission and 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."
}