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{
"id": 950735,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/950735/?format=api",
"text_counter": 132,
"type": "speech",
"speaker_name": "Kitui South, JP",
"speaker_title": "Hon. (Ms.) Rachael Nyamai",
"speaker": {
"id": 13374,
"legal_name": "Richard Ken Chonga Kiti",
"slug": "richard-ken-chonga-kiti"
},
"content": "inviting the public to submit memoranda by way of written statements on oath, that is, the affidavit on the suitability of the nominees in conformity with Section 6(9) of the Public Appointments (Parliamentary Approval) Act, 2011. By close of the submission deadline, the Committee had received 15 submissions, but only three were in conformity with Section 6(9) of the Public Appointments (Parliamentary Approval) Act, 2011. Hon. Speaker, further, in fulfilment of the provisions of Article 118 of the Constitution, Section 6(4) of the Public Appointments (Parliamentary Approval) Act, 2011 and Standing Order 45(3), the Clerk of the National Assembly on Thursday, 12th September 2019, placed an advertisement in the print media inviting the public to the Departmental Committee on Lands approval hearings of the nominees on Thursday, 19th and Friday 20th September 2019 at 9.30 a.m . The nominees appeared before the Committee on Thursday, 19th and Friday, 20th September 2019 for approval hearings in accordance with the provisions of the Constitution, the Public Appointments (Parliamentary Approval) Act, 2011 and the National Assembly Standing Orders on their suitability for appointment to the positions of Chairperson and members of the National Land Commission. The Committee also held meetings with Mr. James Mburu, Commissioner-General of the Kenya Revenue Authority (KRA) and Ms. Lilian Kosgey, the Acting Corporation Secretary of the Agricultural Development Corporation (ADC) on Friday 20th September 2019, to seek clarification on the suitability of three nominees with regard to tax compliance and integrity issues. In conducting the approval hearings, the Committee was guided by the following issues. I will try to focus on the issues and the other Members of the Departmental Committee on Lands will focus on the individual members. We focused on the procedure used to arrive at the nominee; the constitutional or statutory requirements relating to the office in question; and the suitability of the nominee for the appointment proposed having regard to whether the nominees’ abilities, experience and qualities meet the needs of the body to which they are being nominated to. The Committee analysed each of the issues for consideration as envisaged under the Public Appointments (Parliamentary Approval) Act. The first issue is the procedure used in arriving at the nominees. The Committee considered several issues that had been raised by the public challenging the procedure used. Just to highlight some of the issues raised in respect to the procedure, one of the issues raised was to the effect that the Selection Panel that shortlisted the nominees was not properly constituted as it did not comprise of the two nominees from the Non- Governmental Organisations Council as required by law. To this end, the Committee observed that pursuant to paragraph 1(d) of the First Schedule to the National Land Commission Act, it is the Non- Governmental Organisations Council that is required by law to nominate the two persons of opposite gender under paragraph 1(d). The Committee also observed that vide a letter dated 18th October, 2018, the Head of the Public Service, Mr. Joseph Kinyua, wrote to the Chairperson of the Non-Governmental Organisation Council, Mr. Gichira Kibara, and requested the Council to nominate two persons as required by the law for appointment by the President. On 30th October 2018, Ms. Joyce Yiale, on behalf of the Chairman of the Non- Governmental Organisation Co-ordination Board, replied to the Head of the Public Service and stated that they were unable to nominate the two persons required under paragraph 1(d) due to the fact that the Non-Governmental Organisation Council was still under the leadership of different factions because they had so many issues which had culminated into litigation. 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."
}