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{
    "id": 110723,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/110723/?format=api",
    "text_counter": 413,
    "type": "speech",
    "speaker_name": "Maj-Gen. Nkaisserry",
    "speaker_title": "The Assistant Minister, Ministry of State for Defence",
    "speaker": {
        "id": 192,
        "legal_name": "Joseph Kasaine Ole Nkaissery",
        "slug": "joseph-nkaissery"
    },
    "content": "I would like, at the very beginning, to thank Members of this august House for giving me the opportunity to serve as a Member of the Parliamentary Select Committee (PSC). As a Member of that very important Committee, we looked at the document and I think we arrived at some consensus. It is a fact that Kenyans have waited for far too long - for almost two decades - to get a new Constitution. Success is about failing nine times and getting up ten times. This is our opportunity in this House. We must give Kenyans a new Constitution. It is also a fact that this House is part of the constitutional-making process. Equally true is that the new constitution will be a new beginning for Kenyans. It will change Kenya for the better. Mr. Deputy Speaker, Sir, we have lived for the last four decades in danger and the new constitution will be the refuge of our citizens. The new constitution will get rid of ethnicity, nepotism, corruption, poor leadership and all manner of evil. So, we must give Kenya a new constitution. We have not managed, as a country, to get rid of the primitive structure of ethnicity. This new constitution will enable us to do so. We also know that the unity of Kenya is not yet complete. This new Constitution will make us achieve it. However, we cannot give Kenyans a bad constitution. This House has a duty to improve this constitution for the sake of national interests. There are quite a number of articles which need to be improved. One of them is the Chapter on the Bill of Rights. When you look at Article 24(5), it has excluded other uniformed services such as prison warders and the KWS wardens. We need to bring them on board. Mr. Deputy Speaker, Sir, when we look at the same article, it did not include Article 50(2). It should have brought the limitation as far as the armed forces is concerned. This is an area of fair hearing. There are quite a number of summary jurisdictions which commanding officers are able to deal with. If you allow all disciplined forces access to the High Court--- If somebody commits a crime of negligence, a very basic insubordination, failure to perform military duties or going away without official leave, you want that to fall under appeal in the High Court. If that is the case, we will lose command and leadership of the disciplined forces. When you look at the article on land, that is Article 1(a), there will never be equitable access to land. We are never the same. It is like the fingers of your hands. There is no way you will have ten acres, I have ten acres, you have five acres, I have five acres. It is not possible. That needs to be clear. In Article 62(g), you want to take that community land to the national level. This will not be acceptable with certain communities. We need to look into that. Many of my colleagues have alluded to Article 89 on the issue of representation. This is very important and we need to take all aspects into consideration so that this article can see the light of the day. When you look at Article 192, it states that the President has the power to suspend the county government or whichever devolved government will be in place. We need to put a rider that: “With the approval of the Senate”. That is the only way we can have checks and balances. Mr. Deputy Speaker, Sir, with regard to the national security forces, Article 238(2)(d) says: “the recruitment of the Armed Forces will be on equitable proposition”. This cannot happen. Security forces are voluntary. So, if you are going to take communities, the bigger communities will always take the lion share. This cannot be a national security organ. So, when we look at Article 239(1), we need to add (d) to say: “Other security forces”. It is very important that we bring that on board. Under Article 241(2)(d), we also want to include the Armed Forces constabulary and the reserve. We need to bring that on board as well. When you look at Article 242, you will find that we have left it hanging. The command of the National Security Intelligence Service (NSIS) is lacking. Yet we have included a State officer, namely, the Director General of the NSIS. So, we need to put in a sub-article (3) to include the command of the NSIS. When you look at Article 24, it says: “other police services”. I would rather that Article say: “Other uniformed services”, so that we can bring everybody on board. This new Constitution will address our suspicions and worries. If we do not agree on the level of devolution and whether we go for provincial governments and 74 counties or for 47 counties, it is important that, that disagreement should not be an impediment or an obstacle to deny Kenyans a new Constitution. The minority communities in this country have been given a raw deal ever since this country attained Independence. So, devolution of resources of 20 per cent to the counties and 10 per cent to the constituencies will be the most ideal way to go. It is a lot satisfying if you aim to reach for the stars and then you end up landing on the moon. This time round, we aim to get a new Constitution and we must get it. We must give Kenyans a new Constitution. It is this House which must approve the amendment. With those few remarks, I beg to support."
}