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{
    "id": 1392729,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1392729/?format=api",
    "text_counter": 641,
    "type": "speech",
    "speaker_name": "Narok West, UDA",
    "speaker_title": "Hon. Gabriel Tongoyo",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker. It is good that you have mentioned this because there was less reference made to the same. I take this opportunity to also support the National Government Administration Laws (Amendment) Bill (National Assembly Bill No.73 of 2023) as moved by the Leader of the Majority Party, who is the sponsor of this Bill, and seconded by my colleague, Sir George. As we all know, this amendment Bill has largely four issues. There is the proposed amendment to the Assumption of the Office of the President Act to include the National Security Advisor; amendments to the National Government Coordination Act, and the National Security Council Act, and amendment to the Office of the Attorney-General Act. First of all, I want to appreciate both Committees – the Departmental Committee on Justice and Legal Affairs (JLAC), which was the lead Committee, supported by the Departmental Committee on Administration and Internal Affairs. They put a lot of time and commitment to come up with this Report. The issue of the National Seal was unanimously agreed, based on reason, logic, and traditions among the Commonwealth countries, and also as supported by our Constitution. The National Seal should always remain with the Attorney-General. That has been the practice as clearly stated in the Constitution. It was the opinion of the Committees that it should remain as so and should not be changed. You know, when something is working, you should not interfere with it. I think the issue of the Assumption of Office of the President has clearly been stated by the Leader of the Majority Party and my colleague. Of course, the President-elect always needs a helping hand when preparing to take-over. We thought that the membership of three people was little and there was need to increase that membership to six so that it gives him an advantage when preparing for the swearing-in. This was not contested by the committees. We all agreed. On the issue of the National Security Advisor, Members felt that attempting to expand the NSC through the backdoor by introducing an advisor or stranger was unconstitutional. It would have offended Article 240 (2) of the Constitution. This is because the National Security Council Act clearly states the membership of the National Security Council. The members include the President, the Deputy President, the Cabinet Secretary for Interior and National Administration, the Cabinet Secretary for Defence, the Inspector-General of Police, and the Chief of Kenya Defence Forces. Of course, there was a window in the Constitution that says the National Security Council, at any given time can appoint a secretary. Looking at the Constitution and other prevailing laws, it was the feeling of the Membership of the joint Committee that the Secretary can come from the membership of the NSC. So, on the issue of introducing a sub-committee, the Constitution is very clear. It gives the NSC the mandate and leeway to appoint sub- committees as they see fit. Article 240 of the Constitution goes further to state that if there is need to co-opt any person based on the merits of their expertise, the National Security Council Act gives them the power to do so. We saw it was an offence to the Constitution to introduce a sub-committee through the backdoor. So, the Committee rejected that amendment. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
}