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{
    "id": 1371843,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1371843/?format=api",
    "text_counter": 210,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "wilfully refused to appear before us will emerge as a weakness. We must do something to respond and to fill that gap. Madam Temporary Speaker, if it can be of comfort to Sen. (Dr.) Khalwale, we had a debate like this when I served as the Chairperson of the Ethics and Anti-Corruption Commission (EACC). We had powers to conduct investigations, but we did not have powers to arrest. We debated for a long time looking for a solution. Finally, we made a conclusion that the best thing that will enhance the powers of EACC to summon a witness is to have a police station gazetted. Once you summon a witness, if he does not come, you go arrest and come and lock them up. In addition, the Inspector General of Police (IGP), Gazetted Integrity Center, as a police station. That does not fall under the security arms or the National Police Service as we have read under the Constitution. However, under Chapter Six, the EACC has a police station gazetted by the Inspector General Police and they can summon you. If you do not appear, they can come for you and lock you up at EACC. So, Madam Temporary Speaker, this Bill responds to an initiative by this House to ensure that when we truly want to conduct an investigation, if we want to effect the powers that have been conferred upon us by Article 125, then we must run the full course. I want to remind Sen. (Dr.) Khalwale, even the institution we have cited called the High Court, that other independent Arm has powers to send its officers to pick you up and present you before the courts. Consequently, if you are failing at a civil debt and the courts order for you to be arrested for a civil debt, court bailiffs can pick you up, and take you before the courts for a civil debt without the involvement of police officers. Court bailiffs have those powers. I believe when you read the proposed amendment to this Bill, especially Section 3 (4), it says – “That an order of arrest may be effected either by a police officer or by an authorised officer of a House of Parliament”. If you compare the exercise of those powers between the courts and us, there is nothing unconstitutional. If you read the Constitution, the chapter dealing with the National Police Service (NPS) Part (iv) from Article 243 all through, I believe there is a saving Article which allows Parliament to establish other police services. Therefore, we can have this under Article 247 which says – “Parliament may enact legislation establishing other police services provided it is under the supervision of the National Police Service.” Therefore, we can have a force that is called Parliamentary Police Service under the employment of the Parliamentary Service Commission (PSC) but under the supervision of the National Police Service. Madam Temporary Speaker, we should also borrow from other jurisdictions. The United States (US) Senate has the power to summon witnesses. They call it the subpoena powers but the consequences are dire Sen. (Dr.) Khalwale. If you do not respond or appear to the summons issued by the Senate of the US, you will face dire consequences."
}