28 Apr 2021 in National Assembly:
In summary, the grounds for the removal of Ms. Tabitha were three: 1. The ineligibility of Ms. Tabitha Mutemi for appointment as a Council member by dint of being an employee of the IEBC. 2. The breach of written laws, the Constitution and Government policy in her appointment. 3. Gross misconduct for failure to adhere to lawful directions by her superiors and the appointing authority.
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28 Apr 2021 in National Assembly:
Hon. Speaker, the petitioner, therefore, prayed that: i. The Petition be dealt with immediately in view of the urgency and gravity of the issues raised. ii. That the National Assembly, within seven days from the date of receipt of the Petition, considers the complaint and if satisfied with the case for removal, to submit the complaint together with recommendations to the Cabinet Secretary for suspension of Ms. Tabitha Mutemi. 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.
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28 Apr 2021 in National Assembly:
iii. The appointment of a tribunal to consider the matter and if it discloses sufficient grounds for removal, recommend to the Cabinet Secretary removal of Ms. Tabitha from office in accordance with Section 14 of the Media Council Act. Section 14 of the Media Council Act No.46 of 2013 regulates the removal of the Chairperson or a member of the Board of the Media Council of Kenya (MCK). Section 14 (1) provides for the grounds of removal as follows: (i) Violation of the Constitution or any other written law, including contravention of Chapter Six of the Constitution; (ii) gross misconduct; ...
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28 Apr 2021 in National Assembly:
Hon. Speaker, earlier on 3rd March 2021, the Committee had received and considered a complaint by Ms. Tabitha Mutemi on similar matters. At that time, it was a complaint but on the same issue. Even though there was no proper petition before the Committee for her removal, the Committee invited Ms. Tabitha and her legal counsel to appear before the Committee. Indeed, all the other stakeholders came. They included the Editors Guild, the Solicitor-General and the MCK amongst others. The Committee appreciated the issue from the presentations and ultimately made a finding that the Chief Executive Officer of the MCK ...
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28 Apr 2021 in National Assembly:
Hon. Speaker, with respect to the second ground relating to breach of written laws, the Constitution and government policy on appointments, the Committee observed that Ms. Tabitha submitted that prior to presentation of the Report to the Cabinet Secretary, the selection panel through exercise of abundance of caution saw the advisory of the Attorney-General on whether 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.
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28 Apr 2021 in National Assembly:
public officers could serve on the Board of the Council. The Attorney-General in an advisory referred in the Report of the selection panel confirmed that public officers could serve on the Council and submitted the report of the selection panel for the positions of the chairperson and member of the Media Council of Kenya. The Office of the Attorney-General submitted that the said legal opinion concerns the question of whether prohibition of multiple directorships in Mwongozo - Hon. Speaker, I might need an additional two minutes because I have seen the light on as a warning. I ask for three ...
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28 Apr 2021 in National Assembly:
The head of the public service …
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28 Apr 2021 in National Assembly:
Thank you, Hon. Speaker. The Head of the Public Service submitted that Article 260 of the Constitution defines a public officer and we have done that. As a Committee, we know the reason there is this elaborate move to remove a member of the Media Council of Kenya is because in 2013 we passed the Media Council Act to make it difficult to remove a member unless there are grounds. It was anticipated that if there is a reason to remove a member, they have to go through a tribunal. All the reasons that I have given, the Committee in ...
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28 Apr 2021 in National Assembly:
Pursuant to Section 14(3) of the Media Council Act, having considered the Petition, detailed submissions and evidence presented in writing, the Committee is satisfied and finds the complaints contained in the Petition relating to the ineligibility, breach of written law and gross misconduct disclose grounds for removal of a member of the Board of the Media Council of Kenya and recommends that the complaint be submitted to the Cabinet Secretary, Ministry of Information, Communication and Technology and Youth Affairs for appropriate action in accordance with the provisions of Section 14(3) and (4) of the Media Council Act No. 46 of ...
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28 Apr 2021 in National Assembly:
I beg to move. I request Hon. Anthony Oluoch to second.
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