This Act may be cited as the Public Appointments (Parliamentary Approval) Act, 2011.
In this Act, unless the context otherwise requires—
includes any re-appointment to the same body, whether or not in the same capacity;
means any person who, under the Constitution or any other law, is required to make an appointment for which the approval of Parliament is required;
means a person who has been proposed or nominated for appointment to a public office;
means the Clerk of the relevant House of Parliament; and
means the relevant committee of Parliament or such other Committee as the Speaker may, for good reasons, direct.
An appointment under the Constitution or any other law for which the approval of Parliament is required shall not be made unless the appointment is approved or deemed to have been approved by Parliament in accordance with this Act.
Any advertisement inviting applications for nomination for appointment to an office to which this Act applies shall indicate that candidates so nominated shall be required to appear before a committee of Parliament for vetting.
An appointing authority shall, upon nominating a person for an appointment to which this Act applies, notify the relevant House of Parliament accordingly.
A notification under subsection (1) shall be —
in writing;
be lodged with the Clerk of the relevant House of Parliament.
A notification of appointment shall be accompanied by information concerning the nominee, having regard to the issues mentioned in section 7.
For purposes of this Act, a notification of nomination shall be deemed to be duly given on the day on which it complies fully with subsections (2) and (3).
Upon receipt of a notification of appointment, the Clerk shall invite the Committee to hold an approval hearing.
The Committee shall determine the time and place for the holding of the approval hearing and shall inform the Clerk.
The Clerk shall notify a candidate of the time and place for the holding of an approval hearing.
The Committee shall notify the public of the time and place for holding an approval hearing at least seven day prior to the hearing.
Subject to this Act, all Committee proceedings on public appointments shall be open and transparent.
Despite subsection (5), a Committee may, on its own motion or on the application of a candidate or any other concerned person, determine that the whole or part of its sittings shall be held in camera.
An approval hearing shall focus on a candidate’s academic credentials, professional training and experience, personal integrity and background.
The criteria specified in the Schedule shall be used by a Committee during an approval hearing for the purposes of vetting a candidate.
Any person may, prior to the approval hearing, and by written statement on oath, provide the Clerk with evidence contesting the suitability of a candidate to hold the office to which the candidate has been nominated.
A candidate may, at any time, by notice in writing addressed to the Clerk, withdraw from the approval process and the candidate’s nomination shall thereupon lapse.
The issues for consideration by the relevant House of Parliament in relation to any nomination shall be—
the procedure 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 body to which nomination is being made.
Unless otherwise provided in any law, a Committee shall consider a nomination and table its report in the relevant House for debate and decision within twenty-eight days from the date on which the notification of nomination was given in accordance with section 5.
At the conclusion of an approval hearing, the Committee shall 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. [Act No. 20 of 2020, Sch.]
If, after expiry of the period for consideration specified in section 8, Parliament has neither approved nor rejected a nomination of a candidate, the candidate shall be deemed to have been approved.
Where the nomination of a candidate is rejected by Parliament, the appointing authority may submit to the relevant House the name of another candidate, and the procedure for approval specified in this Act shall apply accordingly.
The Clerk shall notify the appointing authority of the decision of the relevant House of Parliament within seven days of the decision.
The committee shall have power to summon any person to appear before it for the purpose of giving evidence or providing information during approval hearing.
For purposes of subsection (1), the committee shall have the same powers as the High Court to—
enforce the attendance of witnesses and examine them on oath, affirmation or otherwise;
compel the production of documents; and
issue a commission or request to examine witnesses abroad.
Any person who—
disobeys any order made by a committee for attendance or for production of papers, books, documents or records; or
refuses to be examined before, or to answer any lawful and relevant question put by, a committee,
commits an offence and shall be liable, on conviction, to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding one year, or to both.
Despite the provisions of this Act or any other written law, where a time is prescribed for doing an act or taking a proceeding by the National Assembly relating to a public appointment, the National Assembly may, by resolution, extend that time by a period not exceeding fourteen days.
Where an extension of time is granted under subsection (1), the doing of all other acts consequential thereto shall be deemed to have been extended accordingly.
The power of the National Assembly contemplated under subsection (1), may be exercised —
only once in a session of the National Assembly in respect of a particular matter; and
only in exceptional circumstances to be certified by the Speaker.
[Act No. 18 of 2014, Sch.]