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"speaker_name": "Sen. Orengo",
"speaker_title": "The Senate Minority Leader",
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"content": "player, in peace building, to be exclusively nominated by the National Assembly and allowed the President to make the appointment. In this Bill, the process of appointment is not inclusive for there is no people participation. Clause 11 states that the selection panel shall consist of various organisations such as religious organisations, Government Ministries, the Law Society of Kenya (LSK) and others. I have noted that the National Council of Persons living with Disability will form part of the selection panel. I am glad that they are there. However, the same people are always appointed to serve in these commissions. The LSK, where I am a member, usually features in the selection panels that appoint members of certain commissions or statutory bodies. This Bill has included the National Council of Persons living with Disability. I will also be happy if we can also include a women organisation. This is because women tend to be affected and impacted more than other sections of society when there is conflict. The post-election violence that took place after the 2007 elections shows how women and young children get impacted more and it speaks to this point. I propose that an organisation such as the Federation of Women Lawyers in Kenya (FIDA-Kenya) or Maendeleo ya Wanawake be included in the selection panel when the amendments are being done. The number of commissioners has also reduced to be four and that includes the chairperson. An odd number is sometimes favourable for there is always no basis for not voting one way or the other, but Sen. Pareno would probably explain to us the reason as to why the even number was deemed to be appropriate. We have cases where members of one commission also serve as members of other commissions. I like the work that Kenya National Commission on Human Rights (KNCHR) and the National Gender and Equality Commission (NGEC) are doing. However, you will find that a member of a commission is also a member of a selection panel for another commission and that should be frowned upon. This Bill has addressed that satisfactorily. If the intention of this Bill was to depoliticise the process of nomination and appointment of this commission, it has succeeded in doing so though having gone through this Bill, I have realised that the commission does not enjoy the independence that the other commissions have in under the Chapter 15 of the Constitution. We have other statutory bodies that are not constitutionally established, but they enjoy independence. I do not think that this commission will work effectively if they do not have a provision for independence. When making amendment in the Committee Stage, I will propose that we add a clause to make this commission independent. This commission should not operate under the guidance of any person, entity or organization for its work to be done objectively and for it to achieve the purposes for which it has been established. The statement that President Uhuru Kenyatta and Hon. Raila Amollo Odinga made on 9th March, 2018, speaks to some of the issues that we want to address in this Bill. In fact, the handshake should have been geared towards creating an enabling environment which would then enable this country to move towards its objective. In their The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}