NAIROBI, Kenya, Feb 15 -The parliamentary Committee on Finance and Trade has rejected the nomination of William Kirwa for the position of Controller of Budget and recommended fresh selection in line with the Constitution.
In a report tabled in Parliament on Tuesday, the committee concluded that the nomination failed to meet the requirements of public participation, equity, fairness, non-discrimination, transparency, good governance and high leadership values.
"Subsequent to the foregoing, the Committee recommends that pursuant to Article 228(1) of the Constitution of Kenya, the nomination of Mr William Kipkemboi Kirwa for the position of Controller of Budget be returned to the two principals for nomination in a manner that meets the stringent legal requirements," said the report tabled by Chairman Chris Okemo.
It cited Articles 10, 27, 73 and 232 of the Constitution as the laws that were violated. The committee noted that there was no competitiveness in the nomination as Mr Kirwa "was just picked."
It took issue with the rationale used by the principals in considering the name of Mr Kirwa after it was reported that he was selected from the list of those who had applied for the post of the Chairman of the Commission for Revenue Allocation.
"The Committee also found that this nomination procedure is not fair as there could be qualified persons interested in the position of Controller of Budget who were not interested in the position of Commissioner of Revenue Allocation and therefore did not apply," the report notes.
It observes that the required consultations between President Mwai Kibaki and Prime Minister Raila Odinga were not conclusive.
"The threshold for consultation is high. The two principals must commit themselves to work together in good faith as true partners, through constant consultation and willingness to compromise." Read full report here
In spite of the recommendations, Speaker Kenneth Marende is also expected to make a ruling on the constitutionality of the nominees.
The PM has accused the President of making the nominations unilaterally while the President has maintained "sufficient consultations" took place. After failing to agree on the way forward the two Principals committed that they will stick with the resolution of Parliament.
"It is an important learning step that shall set a good precedent for high constitutional standards for future nominations by the Executive. It is not a moment for apportioning blame but for learning and finding an appropriate framework for future Constitutional appointments," the committee says.
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