Explainer: How MPs will arrive at vote on Ruto's Cabinet nominees – Business Daily
MPs take the oath of office at the National Assembly on September 8, 2022. PHOTO | NMG
President William Ruto unveiled his Cabinet a week ago, and the names of the nominees have been sent to Parliament for approval hearings.
Speaker of the National Assembly Moses Wetang’ula last week directed that the Committee on Appointments, which will vet the nominees, be set up by Tuesday.
Parliament has until November 3 to vet the Cabinet nominees, paving the way for their appointment by the President.
WHEN WILL THE NAMES OF CABINET SECRETARY NOMINEES BE TRANSMITTED TO PARLIAMENT?
The National Assembly Speaker notified MPs of receipt of the list of nominees to the Cabinet from the President last week.
The Speaker was expected to submit the list together with the curriculum vitae of the nominees.
The House is expected to quickly set up the Committee on Appointments that will vet all the 22 Cabinet nominees and table a report before the House for adoption.
WHAT ARE THE TIMELINES FOR VETTING?
The 12th Parliament amended the Public Approval (Parliamentary Approval) Act 2011, to increase the vetting period from 14 to 28 days.
Once the Committee on Appointments receives the list of the Cabinet nominees, the clerk will be required to issue a public notice asking Kenyans with representations to submit memoranda on the nominees.
The committee will determine the time and place for the holding of the approval hearings and inform the Clerk of the National Assembly.
The clerk will then notify a candidate of the time and place for the holding of an approval hearings.
The committee shall notify the public of the time and place for holding an approval hearings at least seven days prior to the hearing.
The committee will then be required to hold transparent proceedings, focusing on a candidate’s academic credentials, professional training and experience, personal integrity and background.
The law allows a candidate to withdraw from the approval process by notice in writing addressed to the clerk and the nomination shall be deemed to have lapsed.
HOW DOES THE COMMITTEE ARRIVE AT A DECISION TO APPROVE OR REJECT THE NOMINEES?
While considering the nominees, MPs are required to look at the procedure the President used to arrive at the nominee, any 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 nominee’s abilities, experience and qualities meet the needs of the office to which nomination is being made.
The MPs will make a decision based on consensus while those dissenting are allowed to indicate their position in the same report.
HOW LONG DO THE MPS HAVE TO CONSIDER THE NOMINEE AND REPORT BACK TO THE HOUSE?
The committee shall consider a nomination and table its report in the relevant House for debate and decision within 28 days from the date on which the notification of nomination was given.
At the conclusion of an approval hearing, the committee will prepare its report on the suitability of the candidate to be appointed to the office to which the candidate has been nominated, and shall include in the report, such recommendations as the committee may consider necessary.
WHAT HAPPENS IF PARLIAMENT FAILS TO ACT ON A NOMINATION?
If the 28 days expire before the nomination is considered, approved or rejected by Parliament, the candidate shall be deemed to have been approved.
WHAT HAPPENS IF A NOMINEE IS REJECTED?
If a nominee is rejected by Parliament, the President has the right to submit to the House the name of another candidate and the procedure for approval will apply accordingly.
ARE THERE INSTANCES WHERE THE HOUSE REJECTED TO VET NOMINEES?
In June 2015, the National Assembly rejected the nomination of Monica Juma Secretary to the Cabinet after a chaotic session chaired by then Speaker Justin Muturi.
The lawmakers adopted the report of the Committee on Administration and National Security that vetted the former Defence principal secretary.
Until her nomination, Dr Juma was the Interior principal secretary.
The MPs rejected Dr Juma following a letter she wrote to clerks of the National Assembly and the Senate, asking them to stop MPs from trooping to her office, seeking appointments and transfers for their people.
HOW LONG DOES THE PRESIDENT TAKE TO APPOINT CABINET SECRETARIES ONCE APPROVED BY PARLIAMENT?
Once Parliament completes the vetting, the clerk will notify the President of the decision of the House within seven days of the decision.
Article 152 (1) of the Constitution says the Cabinet includes the President, the Deputy President, the Attorney-General, and not fewer than 14 and not more than 22 Cabinet Secretaries.
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