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{
    "id": 1371837,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1371837/?format=api",
    "text_counter": 204,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Khalwale",
    "speaker_title": "",
    "speaker": {
        "id": 170,
        "legal_name": "Bonny Khalwale",
        "slug": "bonny-khalwale"
    },
    "content": "Madam Temporary Speaker, I rise to support this amendment Bill strongly. I know what the Chairperson of the County Public Investments and Special Funds Committee is facing, like the Chairs of all oversight committees. There is a lot of frustration when witnesses are invited by committees and they do not appear. As I support the amendment Bill, I would like to remind colleagues that one of the biggest frustrations is for us to legislate, the President gives assent, and when the Act is challenged in a court of law, it is declared unconstitutional. Be careful about this amendment. Sen. Osotsi, I urge you to reflect on this amendment. Article 125 of the Constitution already gives what you are asking for. It states – “(2) For the purposes of clause (1), a House of Parliament and any of its committees has the same powers as the High Court— (a) to enforce the attendance of witnesses and examine them on oath, affirmation or otherwise; (b) to compel the production of documents; and (c) to issue a commission or request to examine witnesses abroad.” The Constitution has given you more than what you are asking for. Sen. Osotsi, as I request you to reflect on your amendments, I would like to invite you to the Article on establishment of the security organs in this Constitution. Article 239 of the Constitution states that – “(1) The national security organs are— (a) the Kenya Defence Forces; (b) the National Intelligence Service; and (c) the National Police Service.” As you reflect, this Constitution is telling you in Article 245 that– “(4) The Cabinet secretary responsible for police services may lawfully give a direction to the Inspector-General with respect to any matter of policy for the National Police Service, but no person may give a direction to the Inspector-General with respect to - (a) the investigation of any particular offence or offences; (b) the enforcement of the law against any particular person or persons; (c) the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service.”"
}