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"id": 29008,
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"content": "Part III of the Bill relates to the Constitution, administration, the functions and powers of the Kenya Police. Clause 22 sets out the composition of the Kenya Police Service. Clause 23 sets out the functions of the Deputy Inspector General of the Kenya Police Service while Clause 24, in the said part, sets out the functions of the Kenya Police Service. Proceeding on to Part IV of the Bill, this relates to the Constitution, administration, functions and powers of the Administration Police Service. Now they have two services. Clause 25 sets out the composition of the Administration Police Service as has been done in the case of the Kenya Police while Clause 26 sets out the functions of the Deputy Inspector- General of the Administration Police Service as has been done before. Clause 27 sets out the functions of the Administration Police Service. Mr. Temporary Deputy Speaker, Sir, moving on to Part V of the Bill, it relates to the establishment of the Directorate of Criminal investigations, the functions and qualifications of the Directorate. It sets out the procedure for appointment and removal of the Director. Here, the Director is expected to be under the command and directions of the Inspector-General. He is to be funded from a separate Vote from the rest of the services. This is a very important idea because it had been noted by the Ramsley Report that because the Directorate of Criminal Investigations had to depend on the funding given by the police, they were at times unable to discharge their duties due to lack of funding. For that reason, as will be seen in this particular part of the Bill, there is inspiration to ensure that the Directorate of Criminal Investigations will enjoy some autonomy when it comes to funding and at the same time, operation-wise. This is to ensure that the Directorate of Criminal Investigation is going to be fairly effective. That is why it does not report to any of the Deputy Inspector-Generals. The CID as we know it today will report directly to the Inspector-General. That is why we believe that autonomy is going to enable it to discharge its duties to the Kenyan people properly. While I am still on that, Clause 28 establishes the Directorate of Criminal Investigations. Clause 29 sets out the qualifications of the Director and Clauses 30 and 31 provide for the procedure for the appointment and removal of the Director. Clause 34 provides for the functions of the Director while Clause 35 provides the functions of the directorate. Mr. Temporary Deputy Speaker, Sir, Part VI relates to the establishment of the County Policing Authorities and their functions. This is an extremely important area in devolving of the National Police Service functions down to the counties. In this respect, Clause 41 establishes a County Policing Authority. I will not elaborate a lot on this one, but as we have been seeing in the Bill, it does define carefully how the County Policing Authority is going to be built. It clearly states who are going to be members of the Authority. If I may say so, the County Policing Authority will consist of the County Representative of the Police for the two Police Services, the County Head of the Directorate of Criminal Investigations Department, the County Head of the National Intelligence Security Service, and a representative of the Inspector-General. The County Governor is the Chief Executive of the County. He is a replica of the President. So, he will chair the County Policing Authority. When he is not there, he will nominate anybody else to represent him. The functions of the County Policing Authority include considering necessary action that will need to be taken in matters of security, so that the National Police Services can do their work better. Mr. Temporary Deputy Speaker, Sir, Part VII sets out the general functions, powers and obligations, limitations, restrictions and rights common to all police officers. What does this really mean? Clause 49 sets out the rights of police officers, which is important. Clause 46 sets out further limits of police officers in relation to the rights and fundamental freedoms as enshrined in the Constitution. Clause 47 sets out the security limits in relation to the right to public information as set out under Article 35 of the Constitution. Clause 49 sets out the general powers of police officers. Clause 69 sets out the restrictions on resignation by police officers in case we are in a state of war. Clause 72 gives the Police Service Commission powers to appoint special officers in the interest of public order and safety, in case we have such a problem. Part VIII sets out the procedure, qualifications and requirements for recruitment, enlistment and training of police officers. Clause 73 sets out the requirements of the holder of office, while Clause 74 sets out the requirement for Certificate of Appointment of a police officer. Clause 75 lays down the mode of leaving office by a police officer. Clause 76 sets out the procedure for retirement from service by police officers. Clause 77 sets out the requirement for training, policy and the curriculum. Clause 80 sets out provisions on training institutions. Clause 81 sets out the requirements for examining and certification of police officers. Mr. Temporary Deputy Speaker, Sir, I may very well appear to be redundant in what I am stating here, but what I am trying to convey is that actually nothing has been left to chance when it comes to the reforms of the National Police Service. Everything is actually going to be recast afresh because if you want to have an efficient service, it is important to adhere to details. Part IX sets out requirements for recognition and the functions of police association. We actually need to ensure that the police officers also have their own associations but there must be a certain criterion for acceptability. Clause 82 confers on the police the right to form associations. It outlines the functions of the association, etcetera . Mr. Temporary Deputy Speaker, Sir, Part X sets out disciplinary offences of police officers in service, and penalties for disciplinary offences. It is important that I actually state what some of the Clauses under this Part provide. Clause 87 establishes an Internal Affairs Unit to handle internal discipline of police officers. Clause 88 sets out the framework for disciplinary offences in the Schedule. Clause 89 sets out penalties for disciplinary offences, while Clause 93 prohibits police officers from joining trade unions. Again, police officers need to know what they are prohibited from doing, as disciplined officers, and what they are permitted to do. Mr. Temporary Deputy Speaker, Sir, Part XI provides for the establishment of community policing forums and committees, sets out the objectives, roles and functions. I am sure that hon. Members are aware that for some time now, the Government has endeavored to establish community policing in various areas. This community policing in the various areas has rendered valuable contribution in terms of working together with the police. However, at the same time, it is only in some areas that they have been fairly effective. Therefore, Part XI is going to spell out how community policing is going to be strengthened. In fact, it is going to be receiving funds from the police directly which has not been the case before. Part XI also sets out the offences by the members of the public relating to policing, to protect its services. Part XII provides for deployment of police officers to private property or disturbed areas. Part XIV provides a framework for reciprocal arrangement for policing between Kenya and other countries. Part XV sets up the composition, period of service deployment and disciplinary powers in the National Police Service. Part XVI provides for matters relating to funds for police services while Part XVII provides for miscellaneous amendments including extension of services in case of emergency, making of regulations by both the Police Service Commission and the Inspector-General, the role of all the Cabinet Secretaries and the National Security Council. It also provides for the repeal of the Police Act (Cap.84) and the Administration Police Act (Cap.85). Mr. Temporary Deputy Speaker, Sir, at the very end of the Bill, hon. Members will note that there are a number of schedules. They are eight in total. I will not refer to them one by one but they are very important. The enactment of this legislation will definitely transform policing by enhancing professionalism and accountability of the police, and promoting partnership between the police and the community, which is critical in the fight against crime. Mr. Temporary Deputy Speaker, Sir, it will become even much clearer especially when two other related Bills will come to this House. I am talking here in respect of the Bill that is going to set up the Police Service Commission. The next one which is going to be very important is the one which is intended to set up the Independent Oversight Authority which will provide a mechanism for the citizens who feel that they have been wronged by the police to go and lodge their complaints so that investigations can be carried out. Since I do not want to anticipate the debate on those two Bills, I wish now to move that the National Police Service Bill (2011) be read a second time. Mr. Temporary Deputy Speaker, Sir, I will ask Mr. Mutula Kilonzo to kindly come and second this Bill."
}