HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 892542,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/892542/?format=api",
"text_counter": 77,
"type": "speech",
"speaker_name": "Garissa Township, JP",
"speaker_title": "Hon. Aden Duale",
"speaker": {
"id": 15,
"legal_name": "Aden Bare Duale",
"slug": "aden-duale"
},
"content": "or vetting members to the Teachers Service Commission (TSC)? Should the Secretary-General of KNUT participate in the Departmental Committee on Education when, for instance, the TSC is appearing before that Committee? The Standing Orders are very clear, in particular Standing Order 90, on what personal interests are. It provides that personal interests include pecuniary interest, proprietary interest, personal relationship and business relationships. To bring this point home, I am aware that the Departmental Committee on Education and Research held a meeting with union officials from KNUT and KUPPET on 26th March 2019. The Committee had invited the unionists to present their views to a petition on the delocalisation policy and its impact on teachers. During the meeting, the Chairperson of the Committee, Hon. Melly, had to keep interrupting the Members to remind them of the import of Standing Order 90. I am told, however, that Members had declared interest at the commencement of that meeting. What appears is that despite the provision of Standing Order 90, Members continue to participate on matters where due to their current or former engagements before becoming Members of Parliament, there is a likelihood of conflict of interest. There exists no right in law for a Member to sit in a particular committee. Membership to a committee is, therefore, not a right. Indeed, Members are nominated by their political parties to committees. It is perhaps time for us to rethink the composition of committees where there is an apparent and real likelihood of conflict of interest. In this regard, I wish to seek your guidance again over the following: 1. An interpretation of Standing Order 90, including the manner in which Members are to declare interest and in what form the declaration should be made, and 2. Whether a Member who declares conflict of interest should be allowed to participate fully in the ensuing discussion of the committee or whether the said Member should excuse himself or herself from the committee deliberations. Finally, the Constitution is very clear in Article 122 on voting in Parliament. If you look at Article 122(3), it says: “A Member shall not vote on any question in which the Member has a pecuniary interest.” So the matter I am raising is in the Constitution. Just to jog the memory of Members of this House, about two months ago when the new AG of the US was being vetted by the US Senate, and the system in the judiciary committee is that every Member is given five minutes to ask questions, and I was watching, when it came to one of the senators, I cannot remember his name, he said: “Mr. Chairman, I am not going to ask questions because I served with the nominee in a law firm 15 years ago. So, I want to declare my interest that I will not ask the nominee questions and I will not participate in the vetting.” We have no problem. We have asked Members to indicate which committee they want to be on. That was based on the expertise they would give to the committee. So we have got a very good system. Most of the Members who have a medical background are in the health committee; lawyers are in the Justice and Legal Affairs Committee; and trade unionists can be in the labour committee. What we are saying is, when it comes to the TSC CEO appearing before the education committee, then the representatives of teachers in Kenya must also declare their interest because they sit with the same organisation to negotiate for the interests of teachers. So, we have no problem with Members being in committees where they offer very good advice based on their academic background or expertise. However, where we feel that there is a business interest, we need to protect the integrity of the Committee and Parliament. I think, Hon. Speaker, you need to give guidance on the interpretation of Standing Order No.90. We need to know what form the declaration of interest should take and who declares the conflict of interest and at what stage it should be allowed."
}