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"id": 1545328,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1545328/?format=api",
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"type": "speech",
"speaker_name": "Hon. Soipan Tuya",
"speaker_title": "The Cabinet Secretary for Defence",
"speaker": {
"id": 926,
"legal_name": "Roselinda Soipan Tuya",
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"content": "I will come back to how the KDF operates within these deployments later on, but allow me to go to question two, which asks, what are the modalities for the involvement of KDF in internal security matters? Aside from the provisions of the Constitution, we have the Kenya Defence Forces Act, which elaborately enumerates requirements for KDF participation in internal security operations. Under the Constitution, the KDF is strictly bound by the principles of national security as defined under Article 238 of the Constitution, which is that they have to be subject to the authority of the Constitution and Parliament and that the national security activities must be carried in strict compliance with the law and with utmost respect for the rule of law, and that in performance of its functions and exercise of their powers, the KDF shall respect the diverse culture of the communities within Kenya. Again, on the modalities, under the KDF Act, the Cabinet Secretary at any one time is required to furnish the National Assembly with reports on deployments under Article 241(3)(b) and (c) as I have already stated. These reports to Parliament are required to have the details as to the reason for deployment, the place and duration of deployment, as well as the expenditure to be incurred. Mr. Speaker, Sir, where KDF is deployed to restore peace in areas affected by unrest, that is under Article 241 (3) (c), the Chief of the Defence Forces is responsible for the administration, control, and overall superintendence of the operation. However, where KDF is deployed in a joint operation in support of the NPS and other authorities in situations of emergency, the Inspector General of the NPS shall be responsible for the control and overall superintendence of the operations. To bring it closer home, an example of Operation Amani Boni, the Chief of the Defense Forces is responsible for the administration, control and overall administration. In the other examples given, Operation Maliza Uhalifu in the North Rift, the Inspector General of Police is responsible for the control and the KDF just comes in to offer support. Mr. Speaker, Sir, to focus on the internal deployment in support of the National Police Service (NPS), other statutoty regulations and measures need to be instituted, which include- (1) Compliance with the Constitutional standards requirement for the Cabinet Secretary to, within 24 hours, issue a notice in the Gazette on the commencement of such deployment and do the same upon discontinuation. (2) Deployment and discontinuation may be performed only in areas and places where the National Security Council (NSC) and the President may determine. The areas of deployment cannot therefore, be arbitrary. They are guided by the NSC accordingly. There is a code of conduct that must be adhered to, which details the operational procedures and regulation of the defence forces. The law also stipulates that in such deployments in support of the NPS, the Kenya Defence Forces (KDF) personnel shall have same powers and exercise same duties as those of the NPS members. The KDF personnel are also required to undergo prior training before deployment. I will move to Question (c) on what measures the Ministry has put in place to ensure that the future involvement of KDF in addressing instability or civilian unrest is timely to avert death that may arise from the shortcomings of the other national security institutions. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}