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{
    "id": 988301,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/988301/?format=api",
    "text_counter": 291,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Hon. Temporary Deputy Speaker, indeed, the procedure for appointment of members of the Teachers Service Commission (TSC) is outlined in the Constitution, the Teachers Service Commission Act No.20 of 2012, and the Public Appointment (Parliamentary Approval) Act No.33 of 2011, in whose enactment processes both Hon. Mbadi and I participated. This Committee was supposed to determine the suitability of these two nominees on the basis of the Constitution and these two statutes. The Committee had no business fishing for anything else outside the law. I will prove that a selection panel was set up, the President was given nine names and he selected these two nominees. Let me go to the Committee’s observations, which contradict the Constitution. Let me start with Mr. Mbage Njuguna Ng’ang’a. He is the former Chairman of the Law Reform Commission, a lawyer with experience of 30 years. In observation 2, the Committee says that Mr. Ng’ang’a has the required academic, professional and management experience, and has complied with all the constitutional and statutory requirements for appointment as member of the TSC. However, in observations 3 and 4, the Committee contradicts its own observations 1 and 2 by purporting to include the nominee’s age as a disqualification. This is not in the Constitution. It is not in the TSC Act. Neither is it in the Public Appointments (Parliamentary Approval) Act. I wish the Chairman of the Committee is here to listen. Where did the Committee get the legal authority to disqualify Mr. Ng’ang’a on the basis of his age? Hon. Temporary Deputy Speaker, this House must uphold the rule of law. The Constitution of Kenya and the TSC Act - which I read last night - do not prescribe age limit for public appointment. In fact, the current Chair of the TSC, Ms. Maria Nzomo, is older than Mr. Ng’ang’a. So, what is the Committee telling us? The TSC Act and the Constitution of Kenya do not mention age limit. It is very sad. Article 27 of the Constitution prohibits discrimination of individuals on the basis of age. So, we cannot discriminate against Mr. Ng’ang’a on the basis of his age. That is why I oppose this Report, and the House must agree with me. I want Members to read Article 27 of the Constitution. It is clear that you cannot discriminate against somebody on the basis of age. Article 57 requires the State to ensure the protection of all members of the society by ensuring that they fully participate in the affairs of the society and pursue their personal development. One of the best technocrats working in the Jubilee Government today, a man I respect and get along with, is Mr. Joseph Kinyua, the Chief of Staff of the President. Why does the Committee want to deny Mr. Ng’ang’a, and Ms. Maria Nzomo, opportunity to sit in the TSC because of their ages? Ambassador Muthaura served as the Head of the Public Service and Secretary to the Cabinet at an advanced age. Hon. Moody Awori is the Chairman of the Sports Fund. Even if you go to the United States of America (USA) Senate… Let me come to Leila Ali. I want to say clearly that there is nowhere in the TSC Act that says that the nominee must come from a certain region. The Members must reflect the diversity of the country. So, if you are seated here and saying that we rejected Leila because she is not from North Eastern, that is unconstitutional."
}