, NAIROBI, Kenya Aug 29 – The National Assembly Finance Committee has rejected the nomination of Nelly Peris Ashubwe as a member of the Salaries and Remuneration Commission (SRC).
The Joseph Limo-led committee which tabled its report in the House recommended Ashubwe’s rejection after it noted that she did not exhibit capacity to serve in the SRC.
“The nominee presented herself before the Committee in a manner that gave the impression that she does not have the diplomacy and negotiation skills required for the position she has been nominated,” reads the Committee report.
The Legal Practitioner had her first challenge after the Trade Unions Congress – Kenya (TUC-K) swore an affidavit claiming her nomination was not subjected to a competitive and transparent recruitment.
TUC-K through Charles Mukhwana told the Committee that his organisation and not COTU deserved a slot in the Commission.
Mukhwana cited a Judicial Review Case (Republic vs Registrar Trade Unions and others, Nairobi High Court Judicial Review miscellaneous Application No. 204 of 2011) where Judge C. W Githua noted that they are entitled to have a nominee “by virtue that its members are public officers/servants and State officers working in the State offices and/or agencies, and whose interests lie at the mercy of the SRC.”
The judge further noted that COTU-K is composed of members from the private sector, whose interests do not in any way affected and/or considered by the SRC.
TUC-K sealed Ashubwe’s fate by pointing out that she is not qualified for the position because she has not worked as a public servant or officer and does not have any trade union background.
In her response to the contestation of her nomination, Ashubwe stated that her nomination was through COTU upon application.
“She stated that TUC-K was a rival organisation of COTU and hence the contestation. She informed the Committee that she had represented COTU in many trade dispute cases and hence her nomination,” read the report.
The Committee recommended the appointment of the Lyn Cherop Mengich as the SRC Chairperson.
The House team also approved the nomination of Halima Abdille Mohammed, former Rongo MP Dalmas Otieno, Leah Mumbua Munyao, John Kennedy Monyoncho, Margret Sawe, Amani Yuda Komora and Sophie Moturi as members of SRC respectively.