Report On Vetting Of Eng. Michael Kingi As A Member Of The Salaries And Remuneration Commission

THENATIONALASSEMBLY

THIRTEENTHPARLIAMENT-FOURTHSESSION-2025

DIRECTORATEOFDEPARTMENTALCOMMITTEES

DEPARTMENTALCOMMITTEEONLABOUR

REPORTONTHEAPPROVALHEARING(VETTING)OFHON.ENG.MICHAEL THOYAHKINGI,NOMINEEFORAPPOINTMENTASAMEMBEROFTHE SALARIESANDREMUNERATIONCOMMISSION(SRC)

VOLUMEI

CLERK'SCHAMBERS DIRECTORATEOFDEPARTMENTALCOMMITTEES PARLIAMENTBUILDINGS NAIROBI

NOVEMBER,2025

TABLEOFCONTENTS

| LISTOFABBREVIATIONS. | LISTOFABBREVIATIONS. | |-------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------| | LIST OFANNEXURES(VOLUMEIIOF THE REPORT). | LIST OFANNEXURES(VOLUMEIIOF THE REPORT). | | CHAIRPERSON'SFOREWORD | CHAIRPERSON'SFOREWORD | | 1.0 | PREFACE | | I.IINTRODUCTION | I.IINTRODUCTION | | I.2ESTABLISHMENTANDMANDATEOFTHECOMMITTEE | I.2ESTABLISHMENTANDMANDATEOFTHECOMMITTEE | | 1.3COMMITTEESUBJECTS | 1.3COMMITTEESUBJECTS | | 1.4COMMITTEEMEMBERSHIP | 1.4COMMITTEEMEMBERSHIP | | I.5COMMITTEESECRETARIAT | I.5COMMITTEESECRETARIAT | | 2.0BACKGROUND | 2.0BACKGROUND | | 2.I LEGALFRAMEWORK | 2.I LEGALFRAMEWORK | | 2.2NOTIFICATIONOFNOMINATIONS. 6 | 2.2NOTIFICATIONOFNOMINATIONS. 6 | | 2.3NOTIFICATIONTOTHEHOUSEANDREFERRALTOTHECOMMITTEE | 2.3NOTIFICATIONTOTHEHOUSEANDREFERRALTOTHECOMMITTEE | | 2.4NOTIFICATIONTOTHEPUBLIC | 2.4NOTIFICATIONTOTHEPUBLIC | | 2.5NOTIFICATIONTOTHENOMINEE | 2.5NOTIFICATIONTOTHENOMINEE | | 2.6 CLEARANCEANDCOMPLIANCEREQUIREMENTS | | | 2.7ISSUESFORCONSIDERATIONDURINGTHEAPPROVALHEARINGS | 2.7ISSUESFORCONSIDERATIONDURINGTHEAPPROVALHEARINGS | | KINGI,NOMINEEFORAPPOINTMENTASMEMBEROFTHESALARIESAND | KINGI,NOMINEEFORAPPOINTMENTASMEMBEROFTHESALARIESAND | | 3.1OralSubmission | 3.1OralSubmission | | 3.2Committeeobservations. | 3.2Committeeobservations. | | 4.0COMMITTEEFINDINGSONTHESUITABILITYOFHON.ENG.MICHAEL THOYAHKINGI,NOMINEEFORAPPOINTMENTASAMEMBEROFTHE | 4.0COMMITTEEFINDINGSONTHESUITABILITYOFHON.ENG.MICHAEL THOYAHKINGI,NOMINEEFORAPPOINTMENTASAMEMBEROFTHE | | SALARIESANDREMUNERATIONCOMMISSION. | SALARIESANDREMUNERATIONCOMMISSION. | | 5.0COMMITTEERECOMMENDATION | 5.0COMMITTEERECOMMENDATION |

LISTOFABBREVIATIONS

SRC

SalariesandRemunerationCommission HigherEducationLoansBoard KenyaRevenueAuthority Office of the Registrar of PoliticalParties Semi-Autonomous GovernmentAgencies Ministries,Departments,and Agencies Ethics and Anti-Corruption Commission Directorate of Criminal Investigations Officeof DirectorofPublicProsecutions

HELB

KRA

ORPP

SAGAs.

MDAs.

EACC.

DCI

ODPP.

LIST OFANNEXURES(VOLUMEIIOF THEREPORT)

| Annexure I: | Message from H.E the President regarding nomination for appointment of Hon. Eng. Michael Thoyah Kingi as a Member of the Salaries and Remuneration Commission (SRC) | |---------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Annexure 2: | Messagefrom theHon.Speaker totheHouseregardingnominationfor appointment of Hon. Eng. Michael Thoyah Kingi as a Member of the Salaries and Remuneration Commission (SRC) | | Annexure3: | Advertisement notifying the public and the nominee of the approval hearing andsubmissionofmemoranda | | Annexure4: | LetterfromtheClerkof theNational Assemblyinvitingthenomineefor the approval hearing | | Annexure5: | Letters from the Clerk of the National Assembly to ORPP, KRA, HELB, EACC,ODPP and DCI requestingfor information on the nominee | | Annexure 6: | LettersofclearancefromORPP,KRA,HELB,EACC,ODPPandDCI | | Annexure 7: | Nominee's Clearance Certificates from ORPP,KRA,HELB,EACC and DCI | | Annexure 8: | Nominee's filled Questionnaire | | Annexure9: | Nominee's CurriculumVitae,academic and professional certificates | | Annexure10: | ReportoftheSelectionPanel | | AnnexureIl: | Minutes of CommitteeSittings | | Annexure12: | Committee'sReportAdoptionSchedule |

CHAIRPERSON'SFOREWORD

of theSalaries and Remuneration Commission,His Excellency thePresident, through a letterby theHeadofPublicService,Reference No.EOP/CAB.26/4AVOL.VIl/(13) dated30thSeptember 2025,forwarded to theSpeaker of theNational Assembly a notification ofpresidential action, Remuneration Commission (SRC).

The nominee has been nominated to represent the Public Service Commission in the Salaries and Remuneration Commission, pursuant to Article 230(2)(b)(i) of the Constitution.

On 7th October 2025, the Speaker of the National Assembly relayed the Message from His Excellency thePresidentto the Members andreferred the nominee'sname together with the curriculum vitae to the Departmental Committee on Labour for Approval Hearing (Vetting) and reporting to the House onTuesday, 4th November 2025.

Consequently, and in fulfilment of the provisions of Article I l8(1)(b) of the Constitution, Section 6(4) of the Public Appointments (Parliamentary Approval) Act, Cap.7F and National Assembly Standing Order 45(3),the Clerk of the National Assembly on 9th October,2025 facilitated placement of an advert in the print media notifying the public on the date, time and place of the ApprovalHearingofthenominee.

In compliance with Section 6(9) of the Public Appointments (Parliamentary Approval) Act, Cap. 7F, the Clerk invited the public to submit memoranda by way of written statements on oath (affidavits)on thesuitability or otherwiseof thenominee.TheMemorandawere tobereceived by Thursday,16th October 2025 by 5.00 pm.By the close of the deadline,the Committee had not received any Memorandum in support or in contestation of the suitability of Hon. Eng. Michael Thoyah Kingi, nominee for appointment as a Member of the Salaries and Remuneration Commission.

Further, on 9th October 2025, Clerk wrote to the nominee notifying him of the date, time and place of the Approval Hearingwhich was scheduled to be conducted on Tuesday, 2Ist October 2025, in the Mini-Chamber, First Floor, County Hall, Parliament Buildings at I1.o0am.

To fulfil the requirement on personal integrity, the Clerk on 8th October, 2025 wrote to the Kenya Revenue Authority, the Ethics and Anti-Corruption Commission, the Directorate of Criminal Investigations, the Higher Education Loans Board, the Director of Public Prosecutions and theRegistrarof PoliticalPartiesto ascertain the nominee's integrity andgoodstandingwith fromthesaidinstitutions.

Thenominee appearedbefore theCommitteeonTuesday,2IstOctober2025andwasorally interviewed under Oath having been nominated pursuant to Article 230(2)(b)(i) and 250 of the Constitution, the Public Appointments (Parliamentary Approval) Act, (Cap.7F), the Salaries and Remuneration Commission Act, Cap.412D and the National Assembly Standing Orders.

TheCommittee observed that the nomineemet theintegrity threshold;demonstrated knowledge of topical, administrative and technical issues touching on the position to which he had been nominated; and had the requisite abilities, academic qualifications and professional

Report on Approval Hearing (Vetting) of Hon. Eng. Michael Thoyah Kingi, nominee for appointment as a Member of the Salaries and Remuneration Commission (SRC)

experiencetobeapprovedforappointmentasaMemberoftheSalariesandRemuneration Commission,to represent thePublicService Commission.

Emanatingfrom the above observations,the Committee recommends that the House approves the appointment of Hon. Eng. Michael Thoyah Kingi, as a Member of the Salaries and RemunerationCommission.

I take thisopportunityto thank alltheMembersoftheCommitteefortheirinput andvaluable contributions during the approval hearings and writing of this report.

Further, the Committee appreciates the Offices of the Speaker and of the Clerk of the National Assemblyfor thetechnicalsupport accordedtoitduringtheexercise.

Onbehalf of the Departmental Committee on Labour,andpursuant toArticle 230(2)(b)(ii) and 7F andprovisionsofStandingOrders45and199,itisnowmyduty andprivilege topresentto theHouse,theReportof theDepartmental CommitteeonLabourontheApproval Hearingof RemunerationCommission.

Hon.Richard Kiti Chonga,MP Chairperson

for appointment as a Member of the Salaries and Remuneration Commission (SRC)

1.0PREFACE

1.1 Introduction

• 1.Pursuant to Articles 230 and 250 of the Constitution and section 7(l0) of the Salaries and Remuneration Commission Act, Cap.412D, as read together with sections 3 and 5 of the Public Appointments (Parliamentary Approval) Act, Cap.7F,His Excellency the President, through a letterby theHeadof thePublicService,ReferenceNo.EOP/CAB.26/4AVOL.Vl/(13)dated 30th September 2025, forwarded to the Speaker of the National Assembly a notification of presidential action, nominating Hon. Eng. Michael Thoyah Kingi for appointment as a Member oftheSalaries andRemunerationCommission.

2. Article 124(4)(a) of the Constitution provides that when a House of Parliament considers any appointmentfor which its approval is required under the Constitution or an Act ofParliament, the appointment shall be considered by a Committee of the relevant House.

• 3.This report details theproceedings of the Departmental Committee on Labour during the approval hearing of Hon. Eng. Michael Thoyah Kingi, nominee for appointment as a Member of theSalariesandRemunerationCommission.

1.2EstablishmentandMandateoftheCommittee

• 4.TheDepartmentalCommitteeonLabourisestablishedunderStandingOrder2l6andis mandated to,among others,"to vet and report on all appointments where the Constitution or any other law requires the National Assembly to approve, except those under Standing Order 204.

1.3CommitteeSubjects

• 5.The subjectmatterof theDepartmental Committee onLabourisstatedin theSecondSchedule of the National Assembly Standing Orders and includes, among others, "labour, human capital and remuneration,trade union relations and public service".

6. In line with the assigned subject matter, and in executing this mandate, the Committee oversees the following Ministries, Departments, and Agencies (MDAs):

• The State Department for Public Service and Human Capital Development(Under Ministry of Public Service, Human Capital Development and Special Programmes) and itsAutonomousandSemi-AutonomousGovernmentAgencieswhichinclude;
• a)Kenya School of Government;and
• b)InstituteofHumanResourceManagement
• ii TheStateDepartmentfor LabourandSkillsDevelopment(Under theMinistryof Labour and Social Protection) and its Autonomous and Semi-Autonomous Government Agencies,which include;
• a)National Industrial Training Authority (NITA);
• b) National Productivity and Competitiveness Centre (NPCC);
• c)Kenya National Labour Board and the Wages Council;
• d)National Employment Authority (NEA);
• )PublicServiceCommission;and
• iv)Salaries and Remuneration Commission.

1.4Committee Membership

• 7.TheDepartmental Committee on Labour comprises thefollowingMembers:

Chairperson

Hon.Richard Kiti Chonga, MP KilifiSouth Constituency ODM Party

Vice-Chairperson

Hon.Fabian Kyule Muli,MP Kangundo Constituency

GDDP

Members

Hon.OmbokoMilemba,CBS,MP Emuhaya Constituency

ANC Party

Hon. Joseph Samal Lomwa, MP Isiolo North Constituency

Jubilee Party

Hon. George Aladwa Omwera, MP

Makadara Constituency

ODM Party

Hon. Njoroge, Mary Wamaua MP Maragua Constituency

UDA Party

Hon. Dorice Aburi Donya, MP

Kisii County

WDM-K

Hon.Wachira,RahabMukami,MP

Nyeri County Hon. James Onyango K'Oyoo, MP Muhoroni Constituency

ODM Party

Hon. Ernest Ogesi Kivai Kagesi, MP Vihiga Constituency

ANC Party

Hon. Catherine Wambiliaga, MP Bungoma County

FORD-K

Hon.Amina Dika Abdullahi, MP

Tana River County

KANU

Hon.Patrick Simiyu Barasa,MP

Cherangany Constituency

DAP-K Party

Hon.Peter lrungu Kihungi,MP Kangema Constituency

Hon. Lilian Chebet Siyoi, MP

UDA Party

UDA Party

Trans Nzoia County UDA Party

1.5 Committee Secretariat

• 8.TheCommitteeSecretariatcomprises thefollowingtechnical staff:

Report on Approval Hearing (Vetting) of Hon.Eng. Michael Thoyah Kingi, nominee for appointment as a Member of the Salaries and Remuneration Commission (SRC)

Mr.Abenayo Wasike Principal ClerkAssistant I/HoD/ Head of Secretariat

Mr. Joseph Ndirangu

Mr. Samuel Wanjiru

Fiscal Analyst I

ClerkAssistantIII

Ms. Colletah Sigilai Senior Legal Counsel

Ms.Josephine Osiba

Hansard reporter Ill

Ms. Wambui Nyachae

Mr. Timothy C.Tsungulah Research Officer IlI

ResearchOfficerIll

Ms.Yasmin Hassan AssistantSerjeant-At-ArmsIl

Ms. Mercylyn Kerubo Audio Officer III

Mr.Ambrose Nguti MediaRelationsOfficerIll.

Ms. Michelle Wanjau Intern

2.0BACKGROUND

2.1 Legal Framework

• 9.TheSalariesandRemunerationCommissionisestablishedunderArticle230of the Constitution.
• 10.Article230(2)provides that theSalariesandRemunerationCommissionconsistsof the following persons appointed by the President—
• (a)a chairperson;
• (b) one person each nominated by the following bodies from among persons who are not members or employees of thosebodies--
• i)theParliamentary Service Commission;
• i thePublic Service Commission;
• ii) the Judicial Service Commission;
• iv) the TeachersService Commission;
• V) theNationalPoliceServiceCommission;
• vi) theDefenceCouncil;and
• vi)the Senate, on behalf of the county governments;
• (c) one person each nominated by—
• i) an umbrella body representing trade unions;
• i an umbrella body representing employers; and
• i)a joint forum of professional bodies as provided by legislation;
• (d)onepersoneachnominatedby-
• i)the Cabinet Secretary responsible for finance; and
• ii)the Attorney-General; and
• service,nominated by the CabinetSecretary responsible forpublicservice.
• Il.Whileconductingtheapprovalhearing,theCommitteewasguidedbythefollowingstatutes and articles of the Constitution of Kenya-
• i)The Public Appointments (Parliamentary Approval) Act, Cap. 7F;
• ii TheSalaries and RemunerationCommissionAct,Cap.412D;
• )ArticleI0oftheConstitutiononthenationalvaluesandprinciplesof governance;
• iv) Chapter 6 of the Constitution on leadership and integrity;
• V Article77oftheConstitutiononrestrictiononactivitiesofStateOfficers;
• vi)Article 78 of the Constitution on dual citizenship; and
• vii)ArticleI 18of theConstitution onpublicparticipation;

The PublicAppointments(Parliamentary Approval) Act, Cap.7F

12. Section 7 of The Public Appointments (Parliamentary Approval) Act, Cap.7F, provides for issues whichtherelevantHouseofParliament(inthiscase,theNational Assembly)issupposed to consider in relation to any nomination. These issues include: 2. i)theprocedure used to arrive at the nominee;

appointment as a Member of the Salaries and Remuneration Commission (SRC)

• asfollows-
• i)An approval hearing shall focus on a candidate's academic credentials, professional training and experience,personal integrity and background);
• ii) 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.
• ii The criteria specified in the Schedule shall be used by a Committee during an approvalhearingforthepurposesofvettingacandidate
• m oath, provide the Clerk with evidence contesting the suitability of a candidate to hold the office towhich the candidate hasbeen nominated; and
• iv) 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 end.

The Salaries and Remuneration Commission Act, Cap. 412D

• I4. Section 5 (2) provides that a person shall be qualified for appointment as a member if the person-

• (a)holds a degree from a university recognized in Kenya;

• (b) hasknowledge and at least ten years‘experience in either-

• i) finance and administration;

• i) public management;

• ii) economics;

• iv) humanresourcemanagement;or

• V labour laws;

• () meets therequirements of ChapterSix of the Constitution; and

• (d) has had a distinguished career in their respective fields.

• 15.Section 5 (3) provides that a person shall not be qualified for appointment as the chairperson ora memberif theperson—

• i) isamemberof Parliamentor CountyAssembly;

• ii is a member of a governing body of a political party;

• imi )is a member of a local authority;

• iv) ))is an undischarged bankrupt; or

• has beenremoved fromoffice forcontravening theprovisions of the Constitution or any other law.

Article Io(2) of the Constitution on national values and principles ofgovernance

• 16.ArticleIo(2)of theConstitutionprovidesfor thenationalvaluesandprinciplesofgovernance which include patriotism, national unity, sharing and devolution of power, the rule of law,

Report on Approval Hearing (Vetting) of Hon. Eng. Michael Thoyah Kingi, nominee for appointment as a Member of the Salaries and Remuneration Commission (SRC)

integrity,transparency and accountability;andsustainabledevelopment.

Chapter6oftheConstitution(LeadershipandIntegrity)

Article73ofthe Constitution(ResponsibilitiesofLeadership)

• 17.Article 73of the Constitutionprovides that the authority assigned to a State officer(amember of a commission towhich chapterfifteen applies being a state officer under Article 260 of the Constitution)"isapublictrusttobeexercised in accordance to the Constitution,demonstrate respect for the people, bring honour to the nation and dignity to the office and promote public confidence in the integrity of the office. Also, the State officer shall have the responsibility to serve the people,rather than the power torule them."

18. The guiding principles of leadership and integrity are listed as selection based on personal servicetothepeople.

Article 77of the Constitution(Restriction on activities ofState officers)

• 19.Article77oftheConstitutionprovides thatafull-timeStateofficershallnotparticipatein any other gainful employment and that any appointedStateofficer shall not hold office in a political party.

Article 78of the Constitution(Citizenship and Leadership)

• to a State office unlesstheperson is a citizen of Kenya.It alsoprovides thataStateofficer ora memberofthedefenceforcesshallnotholddualcitizenship.

Article Il8 of the Constitution on public access and participation

• 21.ArticleI18of theConstitutionprovides thatParliament shall:
• i)conduct its-business-in an open-manner, and its sittings andthose of its committeesshallbeinpublic;and
• ii) facilitatepublicparticipationandinvolvementin thelegislativeandother businessofParliamentanditscommittees.

2.2NotificationofNominations

• 22.PursuanttoArticles230 and250of theConstitutionandsection7(l0)oftheSalaries and RemunerationCommissionAct,Cap.412D,asread togetherwithsections3and5of thePublic Appointments (Parliamentary Approval) Act, Cap.7F, His Excellency the President, through a letter by the Head of the Public Service,Reference No.EOP/CAB.26/4A VOL.Vll/ (13) (Annexure1),dated30thSeptember2025,forwarded totheSpeakerof theNational Assembly Kingi as a Member of the Salaries and Remuneration Commission, to represent the Public ServiceCommission.

appointment as a Member of the Salaries and Remuneration Commission (SRC)

2.3NotificationtotheHouseandReferral totheCommittee

23. Pursuant to the provisions of Standing Order 42(1), on 7th October 2025, the Speaker of the National Assembly relayed the Message from H.E. the President to the House and referred the nominee'sname togetherwith thecurriculumvitaeto theDepartmental CommitteeonLabour for Approval Hearing (Vetting) and reporting to the House on 4th November 2025.

2.4NotificationtothePublic

• 24.Article Il8 of the Constitution provides thatParliament shall facilitate public participation and involvementinthelegislativebusiness andotherbusinessofParliament and itsCommittees. Further, Section 6(4) of the Public Appointments (Parliamentary Approval) Act, Cap.7F provides that the Clerk shall notify the public of the time and place for holding approval hearings at leastseven dayspriorto the hearings.

25. Further, Section 6(9) of the Public Appointments (Parliamentary Approval) Act, Cap.7F provides that "any person may, prior to the approval hearings and by written statement on oath,provide the Clerkwith evidence contesting the suitability of a candidatetohold the office towhichthecandidatehasbeennominated".

• 26.In compliancewiththeaboveprovisions,theClerkof theNational Assemblyon9thOctober 2025 placed of an advert (Annexure 3), in the print media notifying the public on the date, time andplaceoftheApprovalHearingofthenominee.

27. In compliance with Section 6(9) of the Public Appointments (Parliamentary Approval) Act, Cap.7F theClerkinvited thepublictosubmitmemorandabywayofwrittenstatementsonoath (affidavits) on the suitability or otherwise of the nominee. 28. The Memoranda were to be received by Thursday, 16th October 2025 by 5.00 pm. By close of the deadline, the Committee had not received Memoranda in support or contestation of the suitabilityofthenominee.

2.5NotificationtotheNominee

• 29.On9thOctober,2025 the Clerkwrote to the nominee notifyinghim of the date,time andplace of the Approval Hearingwhichwas scheduled tobeconducted onTuesday,2Ist October2025,

2.6ClearanceandComplianceRequirements

30. Section 6(7) of the Public Appointments (Parliamentary Approval) Act, Cap.7F provides that an Approval Hearing shall focus on a candidate's academic credentials,professional training and experience, personal integrity and background. 31. To fulfill the requirement on personal integrity, the Clerk on 8h October, 2025 wrote to the Kenya Revenue Authority,the Ethics and Anti-Corruption Commission, the Directorate of Criminal Investigations,theHigherEducation LoansBoard and theRegistrarofPolitical Parties

Report on Approval Hearing (Vetting) of Hon. Eng. Michael Thoyah Kingi, nominee for appointment as a Member of the Salaries and Remuneration Commission (SRC)

• 32.Inaddition,theClerkwrotetotheOfficeoftheDirectorofPublicProsecution(ODPP)for a report onwhether there are any active criminal proceedings against the nominee or any other previous charges againsthim.

33. On ethics and integrity, the Ethics and Anti-Corruption Commission (EACC) through a letter had not undertaken any investigations or recommended prosecution against the nominee.

• 34.On tax compliance,the Kenya Revenue Authority (KRA), through a letter Ref. No. KRA/5/1002/5(13089), dated 22nd October 2025, confirmed that the nominee was tax compliant.
• 35.TheDirectorateofCriminalInvestigations (DCl),throughaletterRef.No. DCI/CRO/SEC/6/7/2/A/VOL.XVlll/7 dated 16th October 2025(Annexure6) requestedthe nominee'sfingerprintstofacilitateasearchin thecriminal database.Thenomineesubmitted thefingerprints as requested and thereafter obtained the police clearance certificate(Annexure 7),

36. The Higher Education Loans Board (HELB), through a letter dated I4th October 2025 (Annexure6),statedthatthenomineewasnotabeneficiaryofhighereducationloans. 37. On party affiliation,pursuant to Article 77(2) of the Constitution, the Office of the Registrar of Political Parties (ORPP), through a letter Ref. No. RPP/ORG/34 Vol. IX (39) dated 14th October, 2025 (Annexure 6) indicated that the nominee was not an official of any registered political party. 38. On criminal proceedings against the nominee, the Office of the Director of Public Prosecution (ODPP),througha letterRef.ODPP/SPP/GENdated 15thOctober2025,indicated that there

2.7 IssuesforConsideration duringtheApproval Hearings

39. In conducting the approval hearings, the Committee was guided by Section 6(7) and (8) of the Public Appointments (Parliamentary Approval) Act, Cap.7F, which provides that:

• (7) An approval hearing shall focus on a candidate's academic credentials, professional
• (8) The criteria specified in the Schedule shall be used by a Committee during an approval hearingforthepurposesofvettinga candidate.

4. 40.Additionally,Section 7 of the Act provides that the issues for consideration by the relevant HouseofParliamentinrelationtoanynominationshallbe: 5. (a) the procedure used to arrive at the nominee; 6. (b) any constitutional or statutory requirements relating to the office in question; and 7. (c) 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 nominationisbeingmade.

appointment as a Member of the Salaries and Remuneration Commission (SRC)

3.0 APPROVAL HEARING (VETTING) OF HON. ENG. MICHAEL THOYAH KINGI, NOMINEE FOR APPOINTMENTASMEMBER OF THESALARIESAND REMUNERATIONCOMMISSION(SRC)

41. Hon. Eng. Michael Thoyah Kingi, nominee for appointment as a Member of the Salaries and Remuneration Commission,appeared before the Committee on Tuesday, 21s October 2025 and was orally interviewed under oathpursuant toArticle230(2)(b)(i)of the Constitution,the Public Appointments (Parliamentary Approval Act, Cap.7F, Salaries and Remuneration Commission Act, Cap.412D and the National Assembly Standing Orders. 42. The Committee noted the following:

Citizenship,DateandPlaceofBirth

43. The nominee is a Kenyan Citizen of ID Number 22598903 and was born in Kilifi County in 1980.

AcademicandProfessionalQualifications

44. The nominee holds a Diploma in Civil Engineering from the Kenya Institute of Highways and Buildings Technology.He alsohas a Bachelor of Science in Civil Engineering from theJomo Kenyatta University of Agriculture and Technology (JKUAT), where he graduated with Second Class Honors - Upper Division. 45. The nominee has received professional training on Public Procurement and Asset Disposal Act (2015) and Labour Laws and Industrial Relations,aswell as a Senior Management Course and StrategicLeadershipprogramby theKenyaSchool of Government.

Employment Record and Work Experience

• following his term as a Member of the National Assembly for Magarini Constituency from 2017 to2022.

47. Prior to this, the nominee held the positions of the Managing Director at Malindi Water & SewerageCo.Ltdfrom2015to2017,Technical&OperationsManager atKilifiMariakaniWater andSewerageCo.between2014and2015,andSuperintendentatthesamecompanyfrom2012 to 20l4. The nominee also has experience as a water technician at the Coast Development Authority (2011-2012), Project Supervisor at Maritech Engineering (K) Ltd and Private General BuildingsandCivilWorks (2010-20ll and2005to2007).

Professional Association and Memberships

48. The nominee has been a member of the Engineers Board of Kenya (EBK) as a registered graduate engineer since 2015.

Public Office,Political Activities and Affiliations

• e q s ps sr ld jo o u r Parliamentin20l7underODMandaPersonalAssistantintheofficeoftheSpeakerofthe Senate.

Report on Approval Hearing (Vetting) of Hon. Eng. Michael Thoyah Kingi, nominee for appointment as a Member of the Salaries and Remuneration Commission (SRC)

IncomeandNetworth

• 50.Thenomineelistedhissourcesofincomeinthecurrentcalendaryearprecedingnomination as Ksh.357,000per month as aPersonalAssistanttotheSpeakerof theSenate andKsh.1.2million per year in farming, totaling Ksh. I.6 million.
• 51.HefurtherlistedhistotalnetworthasKsh.77,594,00,withthe approximate amountsconsisting of:
• D Homes-Ksh.35million
• ii) Land-Ksh.37million
• Shares-Ksh.470,000
• iv) Car - Ksh.3 million
• V) Cash-Ksh.1.8million and
• vi )Livestock -Ksh.600,000

PotentialConflictofInterest

52. The nominee declared that he does not have any person or matter that would present a potential conflict of interest. However, should it arise, the nominee submitted that he would discloseandrecusehimself.

Pro-bono/CharityWork/DonationtoCharity

• 53.Thenomineehasservedas theChairpersonof theBoardsofManagementofMarereni Secondary School and Adu Secondary School between 20l6 and 2017.
• 54.The nominee has alsooccasionally madeChildren's HomeFoodContributionof sh.50,0o0 as well asKsh.3Mover3yearsonsponsoringneedystudents.

Integrity

• 55.Thenomineehasnotbeenchargedinacourtorlawinthelast threeyearsandhasnotbeen adverselymentionedinaninvestigatoryreportofParliamentoranyotherCommissionof inquiry in the last threeyears.

3.1OralSubmission

• 56.To assessthenominee'soverall suitabilityfor theposition,theCommitteeposedquestionsto thenomineeandherespondedasrecordedhereunder:

On his alleged candidacy for the Magarini Constituency by-election,setfor November 27th 2025.

• 57.ThenomineeinformedtheCommitteethathewouldnotbeparticipatingintheexercise. Independent Electoral andBoundary Commission(IEBC).In addition,thenominee submitted that he had adhered to the setproceduresby the Office of the Registrar ofPoliticalParties to havehisnameremovedfromthepoliticalparties'register.

appointment as a Member of the Salaries and Remuneration Commission(SRC)

On his academic background in civil engineering and related technical fields and its relevance to understanding complex remuneration structures and economic data at the SalariesandRemunerationCommission

58. The nominee informed the Committee that engineering involves evidence-based decisionmakingguidedbydataanalysis.InComparison,theSalariesandRemunerationCommission (SRC)uses data analysis for tasks including conducting labour market surveys and job evaluations.The commission uses data analysis to guide remuneration and benefits packages.

On hisplansfor theSalariesandRemuneration Commission,ifapproved for appointment.

• 59.Thenomineesubmittedthathewould seek tooffercorrect advice totheCommissionon remuneration and benefits, noting the need to strike a balance between government austerity measuresandfairremuneration.
• 60.Thenomineefurther stressedontheneed tolower thewagebill torevenueratioto the recommendedandsustainable35%threshold.

OnhistenureasaMemberofParliamentandviewonthestrainedrelationshipbetween theCommissionandParliament.

• 61.Thenomineesubmittedthat theSalariesandRemunerationCommissionisguidedbylawin executingitsmandateandthere'sneedtoadheretothesame.Thenomineefurtherreiterated the need for consultations and engagement with the relevant stakeholders to enhance interinstitutional relations.

OnPublicServantsbeingunderpaidand theneed to enhance the same

62. The nominee submitted that, upon establishment, the Salaries and Remuneration Commission inherited salary disparities.Over the years,the Commission hasworked towards harmonization and balancing of remuneration and benefits,albeit with limited implementation mandate.There is therefore a need to enact legislation to grant the Commission powers to enforce its guidelines andrecommendations. 2. 63.Thenomineefurtherindicated thatharmonisation andbalancingof remunerationandbenefits wouldsave andavail moreresources tocushionthelow-paidcadresinthepublicservice.

On the menace of ghost workers in the public service and the mechanisms to address theproblem

• 64.Thenominee stressedon theneedfor cooperationwith thePublicServiceCommission to ensureautomationandintegrationofdatarelatingtopublicsectorhumanresources.Further, there is a needforregularpayroll auditstoweed outghostworkers.

3.2Committeeobservations

• 65.The Committee,having considered the nominee'sfilled questionnairepursuantto section 6(8) of the Public Appointments (Parliamentary Approval) Act, Cap.7F,his curriculum vitae and havingheardhis oral submissionduringtheapproval hearing,madethefollowingobservations onhissuitabilityfor appointmentasaMemberof theSalariesandRemunerationCommission:
• i) THAT,he isa Kenyan Citizen of ID22598903 and was born inKilifi County in1980 anddoesnotholddualcitizenship;

Report on Approval Hearing (Vetting) of Hon. Eng. Michael Thoyah Kingi, nominee for appointmentasa MemberoftheSalaries and Remuneration Commission(SRC)

• THAT, the nominee holds a Diploma in Civil Engineering from Kenya Institute of Highways andBuildings Technology.Healso has aBachelorof Science inCivil Engineering from the Jomo Kenyatta University of Agriculture and Technology (KUAT).

In addition, the nominee has received professional training on Public Procurement and Asset Disposal Act(20l5) and Labour Laws and Industrial Relations,as well as a Senior Management Course and Strategic Leadership program by the Kenya School of Government.

• ili)THAT,the nominee has recently served as thePersonalAssistantto the Speaker of theSenate,followinghis term as Member of theNationalAssemblyfor Magarini Constituencyfrom2017to2022.

Prior to this, the nominee held the positions of the Managing Director at Malindi Water &Sewerage Co.Ltd from 2015 to2017,Technical &Operations Manager at Kilifi MariakaniWater andSewerage Co.between2014 and2015,andSuperintendent at the samecompanyfrom20l2 to20l4.The nominee alsohas experience as awater technicianat theCoastDevelopmentAuthority(201l-2012),ProjectSupervisor at and 2005 to2007).

• iv THAT,the nominee hadobtained clearance from the Ethics and Anti-Corruption Commission (EACC), the Kenya Revenue Authority (KRA), the Directorate of Criminal Investigations(DCI),Officeof theRegistrar of Political Parties (ORPP)and theHigher Educations Loan Board (HELB). He was therefore compliant with the provisions of Chapter Six of the Constitution.
• THAT,thenominee demonstratedextensiveknowledgeoftopical,administrative and technicalissuestouchingontherolesofaMember,andthereforehastherequisite abilities, qualifications and experience to serve as a Member of the Salaries and RemunerationCommission.

4.0COMMITTEEFINDINGSON THE SUITABILITYOF HON.ENG.MICHAEL THOYAH KINGI,NOMINEE FOR APPOINTMENT AS A MEMBER OF THE SALARIESANDREMUNERATIONCOMMISSION.

66. The Committee, having considered the nominee's filled questionnaire pursuant to Section 6(8) of the Public Appointments (Parliamentary Approval) Act, CAP.7F, the curriculum vitae and having heard his oral submissions during the approval hearing, made the following findings: 2. i)The nominee is a Kenyan citizen and do not hold dual citizenship. Thus, he satisfies the requirements of Article 78(1) and (2) of the Constitutionwhichbars state officers from holding dual citizenship. 3. i)The nomineepresented his academic credentials and professional certificates and,during theapproval hearings,demonstratedhis suitabilityinaccordancewiththeprovisions of Section 6(7) of the Public Appointments (Parliamentary Approval) Act, Cap.7F. 4. 77(2)of the Constitution and theSchedule to the Public Appointment(Parliamentary Approval)Cap.7F 5. iv) In line with the provisions governing personal integrity, the Committee exercised due diligence and contacted the clearing agencies to ascertain the nominee's integrity and goodstandingwiththesaidinstitutions.Accordingtotheinformationavailedtothe Committee by the Nominee and the various clearing agencies, the nominee meets the requirementsof ChapterSix of the Constitution onleadership and integrity. 6. Further, the nominee has not been charged in a court of law in the last three years and hasnotbeen adverselymentioned in an investigatoryreportofParliamentor any otherCommissionof inquiryin the lastthreeyears. 7. vi)The nominee demonstrated extensive knowledge and experience inpublic management andadministrationandtopicalissuessuchasthestatusofremunerationinthepublic servicesectorincludingthemenaceofghostworkersandsustainabilityof thepublic wagebill. 8. vi) Pursuant to Section 6(9) of the Public Appointments (Parliamentary Approval) Act Cap.7F,the Committee did notreceive any written statement on oath contesting the suitabilityofthenominee. 9. vili)Notingthefindingsof theReportof theSelectionPanel for therecruitmentofa Member of theSalaries and Remuneration Commission,the nomination of Hon.Eng.Michael Thoyah Kingi was in compliance with the Constitution and the Public Appointments (Parliamentary Approval) Act (Cap.7F).

Report on Approval Hearing (Vetting) of Hon.Eng. Michael Thoyah Kingi, nominee for appointment as a Member of the Salaries and Remuneration Commission (SRC)

5.0COMMITTEERECOMMENDATION

67. Having conducted the approval hearings pursuant to Article 230(2)(b)(i) of the Constitution; Sections 3 and 8 of the Public Appointments (Parliamentary Approval) Act, Cap 7F; Salaries and Remuneration Commission Act, Cap.412D and Standing Order 216(5)(f),the Committee recommends that the House approves the appointment of Hon. Eng. Michael Thoyah Kingi as a Memberof theSalariesandRemunerationCommission.

SIGNED:

DATE:

HON.RICHARDKITICHONGA,MP CHAIRPERSON,DEPARTMENTALCOMMITTEEONLABOUR

REPUBLICOFKENYA THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FOURTHSESSION-2025 DEPARTMENTALCOMMITTEEONLAROUR

REPORTADOPTIONLIST

We,the members of the Departmental Committee on Labour,have pursuant to Standing Orders 2l6(5) (f) and I99, adopted this report on the Approval Hearing/Vetting of Hon.Eng. Michael Thoyah Kingi, norninee for appointment as a Member f the Salaries and Remuneration Commission (SRC),and affix our signatures to affirm our approval and confirm its accuracy, validity and authenticity.

NAMES

SIGNATURE

I.

Hon.

Kiti,

Richard Ken Chonga, M.P.-

Chairperson

2.

Hon.Muli Fabian Kyule, MP- Vice Chairperson

t

3.

Hon. Omboko Milemba, CBS, M.P.

4.

H-on. K'Oyoo James Onyango, M.P.

5.

Hon. Kagesi Kivai Ernest Ogesi, M.P.

6.

Hon. Lomwa Joseph Samal, M.P.

7.

Hon. Omwera George Aladwa, M. P.

8.

Hon. Wambilianga Catherine Nanjala, MP

9.

Hon. Abdullahi Amina Dika, M.P.

10.

Hon. Aburi Donya Dorice, M.P.

I1.

Hon. Njoroge Mary Wamaua, M.P

12.

Hon. Wachira, Rahab Mukami, M.P.

13.

Hon. Barasa Patrick Simiyu, M.P.

14.

Hon. Kihungi Peter Irungu, M. P.

15.

Hon. Siyoi Lillian Chebet, M.P.

021 DATE.

YSIGN...

Mr.AbenayoWasike,Principal ClerkAssistantI/HOD