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{
"id": 867787,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/867787/?format=api",
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"type": "speech",
"speaker_name": "Baringo North, JP",
"speaker_title": "Hon. William Cheptumo",
"speaker": {
"id": 50,
"legal_name": "William Cheptumo Kipkiror",
"slug": "william-kipkiror"
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"content": "It is a requirement under Chapter 10 of the Constitution to establish the status of the nominee with regard to their integrity, tax compliance, criminal record, education loan repayment and political party affiliation. This necessitated the Clerk of the National Assembly, through a letter dated on 6th December 2018, to request for information from the EACC, the Kenya Revenue Authority (KRA), the Directorate of Criminal Investigations (DCI), the Higher Education Loans Board (HELB) and the Office of the Registrar of Political Parties. I want to inform the House and the country that those agencies did not have any outstanding issues with the nominee. That is evidenced by the letters from the said agencies as Annex (VI) of the Report. The nominee, having been notified of the date, venue and time for the approval hearings as required by Section 6(iii) of the of Public Appointments (Parliamentary Approval) Act, 2011 and the Standing Order No.45(3), the nominee appeared before the Committee for approval hearings on 14th December 2018. As we undertook the approval hearings, we dealt with three aspects as required by law. One, the procedure used to arrive at the nominee, two, the statutory requirement relating to the office in question and three, whether the nominee’s abilities, experience and qualities met the requirements of the office to which the nominee was meant for. These are the three fundamental requirements that formed the basis of the vetting process for this nominee. I will deal with the three items briefly for Members to appreciate the findings and the outcome of the vetting process. On the procedure used to arrive at the nominee, the law is clear. Section 16(1)(2) of the Ethics and Anti-Corruption Commission Act, 2012 requires that the recruitment process of the Chief Executive Officer to the Commission be undertaken in an open, transparent and competitive recruitment process, with the approval of the National Assembly. For a person to be qualified for appointment as Secretary to the Commission, the person must be a citizen of Kenya, possesses a postgraduate degree from a university recognised in Kenya, has had, at least, ten years proven experience at management level and has experience in any of the following fields; namely, ethics and governance, law, public administration, leadership, economics, social studies, audit and accounting, just to mention a few. The position of CEO was advertised through the daily newspapers on 9th October 2018. It is important for Members to understand that the total number of applicants for the position was 71, out of which 14 were shortlisted. That is in Annex (VI) of the Report. The 14 shortlisted candidates were from different counties. They all appeared before the recruitment panel for the interview. The panel comprised of prominent and respected Kenyans. Its membership had the Chairperson of the EACC, all the commissioners of EACC, Mr. Kennedy Ogeto who is the Solicitor-General and Mr. Stephen Kirogo, the Chairperson of the Public Service Commission. Therefore, the membership of the recruitment composed of prominent Kenyans who took time to interview the nominee. During the interview, Maj. (Rtd) Twalib Abdallah Mbarak from Kilifi County emerged the best candidate with the highest score of 86.38 per cent. He was the best in the interview. On this particular issue, the Committee was satisfied that the procedure used to arrive at the nominee was open, transparent and competitive. The nominee possessed the requisite qualifications and experience as required under Section 16(1)(2) of the EACC Act. The second item is on the constitutional and statutory requirements relating to the office in question and the qualifications for appointment under the EACC Act of 2011. I am trying to summarize because the Report is long and my colleagues have had time to go through it. Therefore, I will summarise so that Members can have time to contribute to this special Motion. So, upon examining the nominee’s Curriculum Vitae (CV), certificates and testimonials during 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."
}