John Mbadi Ng'ong'o

All parliamentary appearances

Entries 6911 to 6920 of 7463.

• 13 Oct 2010 in National Assembly: Mr. Temporary Deputy Speaker, Sir, we need to understand the reasons as to why this Commission was thought to be critical in the implementation process. First, it is very evident from the drafters of the Constitution that they wanted to remove some of the responsibilities of implementing this Constitution from both Parliament and the Executive. That is what necessitated the recommendation to have a separate and independent Commission which will help safeguard the interest of Kenyans. To me, Article 18 which talks about the procedure of appointing members of the Commission is deficient. The Bill is deficient in the process ... view
• 13 Oct 2010 in National Assembly: Mr. Temporary Deputy Speaker, Sir, one of the biggest problems we have had in this country has not been the procedure of appointing people but the procedure of coming up with suitable candidates. We need to have an elaborate procedure of short-listing the various candidates who would effectively be interviewed later to become members of the Commission. So, it is important that this Bill includes the procedure for short-listing. I also want to say that I am a bit uncomfortable with the role that is given to the Public Service Commission (PSC) in appointing the Commissioners. You realise that we ... view
• 13 Oct 2010 in National Assembly: Mr. Temporary Deputy Speaker, Sir, I also want to mention something that hon. Odhiambo-Mabona talked about on Article 8(14). It talks about the procedure of appointing these Commissioners. It states:- “Nothing under this section shall be construed as precluding the President, in consultation with the Prime Minister, from nominating and forwarding names other than those submitted by the Public Service Commission to the National Assembly for consideration and approval.” view
• 13 Oct 2010 in National Assembly: If you look at the earlier Bill which was published through the Kenya Gazette view
• 13 Oct 2010 in National Assembly: No. 57, you will find that this provision is missing. This is an addition in the subsequent one. If you critically look at it, and I beg to be corrected on this, I feel that this may negate the entire process of getting these Commissioners because you are giving a blank cheque to the President and Prime Minister to consult and come up with other names which did not go through the entire process that is spelt out in Article 8. To me, this is unnecessary addition which should be done away with from this piece of legislation. view
• 13 Oct 2010 in National Assembly: Mr. Temporary Deputy Speaker, Sir, I want to talk about the Secretary to this Commission who is supposed to be the Chief Executive Officer (CEO). The functions of the CEO are not spelt out in this Bill. That is likely to cause conflict between the CEO and the Commissioners. I think we need to be clearer on what the duties of the CEO are to avoid this conflict. Additionally, I also request that we consider the qualifications of the Secretary to this Commission. The qualifications of the CEO should also be spelt out in this Bill so that we are ... view
• 13 Oct 2010 in National Assembly: There is also a provision in Article 11(2) that the Chairperson or a member may be removed from office for misbehaviour or misconduct incompatible with the functions of the Commission. I think we need to insulate this Commission from any mischievous or future attempts to remove a Commissioner maybe based on factors which are not beneficial to this country. We should be clear on what constitutes misbehaviour or misconduct that are incompatible with the functions of the Commission so that we can avoid mischief. I recommend that we probably import Article 251 of the Constitution to this particular section so ... view
• 13 Oct 2010 in National Assembly: Mr. Temporary Deputy Speaker, Sir, the other comment is about the disqualification from holding elective office. We are saying that the Commissioners who will be appointed, even after ceasing to be Commissioners, will not be allowed to hold office for about five years or so. I really do not understand the reasoning behind this. If the reasoning is to deter Commissioners from helping to make those legislation which would further their interest, I do not see how this will work. To me, this looks unconstitutional. We are telling Kenyans who will be given tasks to perform that even after performing ... view
• 13 Oct 2010 in National Assembly: My final comments are with regard to Article 12(2) which states:- “Notwithstanding the provisions of sub-section (1), the President may select a nominee from a list provided by the Public Service Commission under Section 8(5) for purposes of filling a vacancy.” But it is silent about the approval by Parliament. We have had a case in this Parliament with regard to the appointment of former Director of the Kenya Anti-Corruption Commission (KACC) where we were not sure whether the re-appointment should go through the same procedure of vetting. We need to be very clear because we have experience in the ... view
• 13 Oct 2010 in National Assembly: Thank you very much. With those remarks, I beg to support this Bill. view