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{
    "id": 989922,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/989922/?format=api",
    "text_counter": 652,
    "type": "speech",
    "speaker_name": "Navakholo, JP",
    "speaker_title": "Hon. Emmanuel Wangwe",
    "speaker": {
        "id": 2543,
        "legal_name": "Emmanuel Wangwe",
        "slug": "emmanuel-wangwe"
    },
    "content": "c. The nominee has served beyond the stipulated period and has illegally extended beyond the maximum period of two years. d. Finally, if appointed, the nominee will have served twice above the time limit by an extension of eight years taking into consideration his term being fresh. Sections 20 (3) and 13(3) of the NG-CDF Act, provide that the CEO shall be responsible for the day to day management of the affairs of the Board and signing. Introduction shall be such that the signature of the CEO is mandatory on all payments- cheques and/or issuance intended for the release of money from the Fund. The above functions are duties that the nominee has been discharging for the last eight-and-a-half years. The Committee noted the memoranda admissible in accordance with Section 6(9) of the Public Appointments (Parliamentary Approval) Act was the affidavits sworn by Mr. Tolbert Manyange and Mr. Sam Kinyua. In light of the above, the nominee gave a reply on the allegations put up in the affidavits as follows: (i) He is the Chief Manager, Programmes and is serving as the Acting Chief Executive Officer of the NG-CDF. (ii) The affidavits are scandalous and frivolous with the sole aim of causing mayhem and disrupting a constitutional process that was initiated legally and performed within the confines of the laws of Kenya as regards due process. (iii) He has never been recruited as CEO of the NG-CDF Board as per the dictates of Section 20(1) of the NG-CDF Act but has been serving in an acting capacity. A person serving in an acting capacity is not subject to term limits associated with that office. Only a substantive holder of an office is subject to term limits of an office. There is no law that stops a person serving in an acting capacity from applying to be considered for appointment as a substantive holder of the same office. (iv) He has been serving as the Acting CEO of the NG-CDF Board awaiting the relevant authorities to appoint a substantive holder. He, therefore, cannot be blamed for the length of time he has served in acting capacity and further, there is no law that automatically changed his status from Acting CEO of NG-CDF to a substantive CEO as claimed. (v) The letter appointing him to serve as the CEO of the NG-CDF Board in an acting capacity clearly states that he was appointed to hold office until such a time as the office would be filled substantively. Accordingly, the terms and conditions of the letter of appointment stipulated the term limit, which is until such a time as the position would be filled by a substantive holder. The terms exclude the application of section 20(4) of the NG-CDF Act which only applies to a substantive holder of the office. (vi) There is misinterpretation of paragraph (c) of 14(1) to (9) of the Human Resource Policies and Procedure Manual for the Public Service Commission (PSC). The paragraph deals with allowances paid to an officer serving in an acting capacity and nothing further. The Board is an independent body and cannot by any means whatsoever be influenced in its decision in the recruitment process. There are speculations without any form of evidence to prove, influence in any decision of the Board. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}