SENATOR'S PROPOSAL

Bill seeks to deny CS powers to appoint fish authority's boss

Agriculture CS currently appoints CEO while President appoints the board chairperson

In Summary

• Bill wants the FMA boss appointed competitively by the authority’s board of directors. 

• Proposed law stipulates that Fisheries PS, one person nominated by CoG with experience in fisheries, CEO and four others sit in the board. 

Nile perch fish in a bowl.
IN FIRST READING: Nile perch fish in a bowl.
Image: FILE

The Agriculture CS will no longer have powers to appoint the Fish Marketing Authority's CEO if a new bill introduced in the Senate is passed into law. 

The Fisheries Management and Development (Amendment) Bill 2019 seeks to take away the powers of the CS in appointing the authority's CEO.

FMA is a state corporation established by the Fisheries Management and Development Act, 2016 to market fish and their products from Kenya. 

The Bill, sponsored by the Homa Bay Senator Moses Kajwang, wants the FMA boss appointed competitively by the authority’s board of directors. 

Currently, the CEO is appointed by Agriculture CS Mwangi Kiunjuri. The corporation’s board chairperson is appointed by the President. 

“The provisions of the principal Act that are sought to be amended have assigned the responsibility of appointment of the chairperson and the CEO on the President and the Cabinet Secretary, respectively," Kajwang said in his justification for the bill. 

"This is not aligned with the recommended practice on the governance in state corporations which recommends that chairpersons be appointed by the President and the CEO be competitively recruited by the board." 

The proposed law stipulates that the PS in charge of Fisheries and one person nominated by the council of governors who has experience in fisheries development, the CEO and four others selected through a competitive process will sit in the board. 

Kajwang, in the Bill that has been introduced in the Senate for First Reading, also wants the CEO to serve for a term of four years as opposed to the current three.

The person shall be eligible for re-appointment for one further term. 

The bill also introduces qualifications for one to be appointed to the CEO position. 

“A person shall not be qualified for appointment as the chief executive unless that person has an advanced degree in marketing, business administration or related discipline and has at least 10 years’ experience at a senior management level in matters relating to fisheries, marketing or any other related sector,” the Bill reads. 

It further gives the directors the authority to engage or enter into partnerships with related bodies or organisations in marketing fish and fish products from the country. 

Edited by R.Wamochie 

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