Ksm East MP's Bill on amending Public Appointment Act is ill advised
By Dickson Odhiambo
December 28, 2021
Ksm East MP's Bill on amending Public
Appointment Act is ill advised
The Bill which Kisumu
East Member of Parliament Shakeel Shabir is sponsoring to stop the President
not to be an appointing authority to state officers is ill advised, former
President of the East African Law Society has said.
Mwamu says the Bill
known as Public Appointments (Parliamentary Amendment Bill 2021) will curtail
the appointment of parastatals chiefs and other state offices and it is in bad
faith.
Mwamu who is aspiring
to be Kisumu East Member of Parliament in an ODM party ticket during the next year’s
General election says the bill is not a good one especially at the time when
the country will be experiencing Transition of power from the current President
to the next Head of State after the next year's polls.
He says the
Legislature cannot be an appointing authority and at the same time oversight
such an appointment, adding that there should be the Principle of Separation of
Power.
He adds that such a
Bill is not only unconstitutional but also unlawful and it also in bad taste.
Mwamu has appealed to
National Assembly to reject the Bill in its totality, adding that failure to do
so will make him move to court to challenge it unconstitutionality.
In the Proposal, the
Bill seeks to clip the President's unfettered powers under which he uses Parliament
merely as a rubber stamp.
In the Bill, the
Kisumu East MP Shakeel Shabir wants Section 9 of the Public Appointment
(Parliamentary Approval) Act to be deleted and give MPs the right to appoint
state officers.
Some of the state
officers include Cabinet Secretaries, principal Secretaries, Inspector general
of Police and Chairpersons and Members of the constitutional Commissions.
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