House Speaker Guides on Appointment of Non-MP to Parliamentary Service Commission

The Vice Chair Person of the Parliamentary Service Commission (PSC) Hon. Naomi Shabaan tabled a report of the PSC on the recruitment of a member of the Commission, who is not a Member of Parliament. Hon. Shabaan further issued a Notice of Motion that the House Adopts a Report of the Parliamentary Service Commission, and Appoints Hon. Rachel Ameso Amolo to the Parliamentary Service Commission as per the recommendations of the Report.

Today House Speaker J. B. Muturi issued a communication giving guidance on the consideration of the Special Motion on the Appointment of a parliamentary Service Commissioner who is not an MP. This Guide relates to the Paper laid by the Vice-Chair of the Parliamentary Service Commission, the Hon. (Dr.) Naomi Shaban, and the subsequent Notice of Motion on the proposed appointment of the Hon. Rachel Ameso Amolo as a Member of the Parliamentary Service Commission.

Article 127(2)(d) of the Constitution provide for the appointment of two persons, being one man and one woman, from among persons who have experience in public affairs, but are not members of Parliament, to the PSC. The position of female non-Member of the Parliamentary Service Commission fell vacant on 18th March, 2020, upon the expiry of the six (6) year term of the immediate former office holder, Dr. Lonah Mumelo.

Consequently, and in accordance with the provisions of Article 127 of the Constitution and section 10 of the Parliamentary Service Act, 2019, Parliament is required to appoint a person (female) to fill the now vacant position. Notice that unlike in other statutory and constitutional bodies in which Parliament participates in the appointment processes by way of approval of appointment, in the case of the Parliamentary Service Commission, the appointment is by Parliament itself.

Moreover, the Houses of Parliament have construed and settled on the interpretation that all Members of the Commission, save for the Chairperson, are appointed by the Houses of Parliament, and that has been the precedence. This implies that the recruitment process undertaken by the Commission serves that purpose. The House will therefore consider the Special Motion on the basis of the Report that has just been laid on the Table of the House by the Vice-Chairperson of the Commission.

I am certain that the House Business Committee will schedule the Motion at the earliest possible opportunity for consideration by the House. The House is accordingly guided

House Speaker J. B. Muturi