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"content": "(Prof. Saitoti): Mr. Temporary Deputy Speaker, Sir, at the time when we interrupted business, I was in the course of actually moving that the National Police Service Commission Bill, Bill No.32 of 2011 be read a Second Time. Mr. Temporary Deputy Speaker, Sir, let me say here very quickly that I was able to essentially give an expose of the reforms that the police have been undertaking for a number of years. The National Police Service Commission Bill is to set up the structure of the reforms; it also depends very much on two other supporting Bills. It will be only then that we will be able to appreciate the impact of the police reforms. So, this particular Bill is the one that is intended to put in place the Police Service Commission. Mr. Temporary Deputy Speaker, Sir, the background behind this is that at the time that the National Task Force on Police Reforms went all over the country and interviewed a section of the stakeholders, it became very clear that the job and the duty of the police are really fundamentally different from those that have been assigned to the other civil servants. A police officer is on duty for seven days and 24 hours. This is not the case when you come to ordinary civil servants; for that reason it was recommended that it is important that there ought to be a commission dedicated to the police officers. In other words, we should remove the policemen and women from the Public Service Commission and give them their own service commission. That is basically what this one here is for. It is also intended to meet what is already contained in Article 246 of the Constitution; that Article mandates the Government and, indeed, Parliament too, to actually set up a Police Service Commission. Mr. Temporary Deputy Speaker, Sir, I can only say that, going very quickly, Part 1 of the Bill deals with the various definitions that are contained in the Bill. Part II relates to the membership, functions and powers and the qualifications of the members who are also going to be appointed to sit on the Commission. Again, Part III relates to the funds of the Commission. Part IV sets out miscellaneous provisions, including strategies in communication, penalties and false information. I just want to refer the House to Article 4 of this particular Bill, because it is extremely important. It talks about the membership of the Commission. It states as follows: “The Commission shall consist of nine members appointed in accordance with the Constitution and the provisions of this Act.” Article 4(2) states: “The members of the Commission, other than other ex-officio members, shall serve on a full time basis.” This is essentially in tandem with what will happen as far as the membership of the Public Service Commission is concerned. The other thing is about the qualifications. That again is to be found in Article 5 which states that: “A person shall be qualified for appointment as the chairperson or a member if such a person (a) is a citizen of Kenya, (b) holds a degree from a university recognized in Kenya (c) meets the requirements of Chapter Six of the Constitution, and has not previously been a member of the National Police Service”. The other one is very important because this Commission has to have a dimension of the working of the police. Article5 (2) states: “For purposes of Article 246(2) (a)(ii) of the Constitution, the President shall appoint two retired senior police officers, one from each of the Kenya Police Service and the Administration Police Service, who shall be of the opposite gender. A person shall not be qualified for appointment under Sub-section 2 unless such a person held the rank of the senior superintendent of police or above.” Basically, this is to ensure that very senior people are there. Mr. Temporary Deputy Speaker, Sir, I also want to refer essentially to what will be the functions of this Commission that will be appointed. Again, that is to be found in Clause 10. This Article talks about the functions of the Commission: “In addition to the functions of the Commission under Article 246 (3) of the Constitution, the Commission shall:- (a) Keep under review all matters relating to standards or qualification required of the members of the Service. (b) With the advice of the Salaries and Remuneration Commission, determine the appropriate remuneration and benefits for the service and staff of the Commission. (c) Approve applications for engagements by police officers in trade and other businesses in accordance with the law relating to the matters of the leadership and integrity under Article 18 of the Constitution. (d) Co-operate with other state agencies, departments or commissions on any matter that the Commission considers necessary. (e) Provide for the terms and conditions of service and the procedure for recruitment and disciplinary measures for civilian members of the service. (f) Develop fair and clear disciplinary procedures in accordance with Article 47 of the Constitution. (g) Investigate and summon witnesses to assist for the purposes of its investigations.” There are quite a number of things and I believe that hon. Members have had the opportunity to go through them. This is because it is important to really appreciate the functions of the Commission that is actually being put in place. There will also be a Secretary to the Commission and that is also covered under Clause 15. Mr. Temporary Deputy Speaker, Sir, I wanted to basically highlight those matters and at the same time say that the passage of this Bill will help us crucially when it comes to the appointment of the two deputy inspectors-general because they have to be interviewed by the Commission. That is important as far as fulfillment of the Constitution is concerned. With these very few remarks, I beg to move and request Mr. Orengo to come and second this Bill."
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