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{
    "id": 29011,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/29011/?format=api",
    "text_counter": 725,
    "type": "speech",
    "speaker_name": "Mr. M. Kilonzo",
    "speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
    "speaker": {
        "id": 47,
        "legal_name": "Mutula Kilonzo",
        "slug": "mutula-kilonzo"
    },
    "content": "Article 245 of the Constitution requires this country to appoint an Inspector- General and this law that Mr. Saitoti has so ably put forth will facilitate the appointment of this critical office for our country. I do not need to remind this House of the challenges that it has faced. There have been challenges of extra-judicial killings and Members of Parliament, time and again, have stood up on points of order and on urgent Motions on this matter. Time has come for a law like this to be passed. You will recollect that time and again, the issue of police recruitment has engaged this country. There have been challenges on how recruitment was being carried out. But above all, you are aware of the challenges that the police have had on allegations of corruption. Time and again, the existing police force has appeared top on the list of corrupt and unfriendly institutions. Mr. Temporary Deputy Speaker, Sir, you will also recall - because I know you were there - that during the election of 2002 when NARC came to power, Kenyans celebrated so heavily that they could even arrest police officers who were demanding bribes. Unfortunately, the country has slipped backwards in this area. Above all, let me remind the House that the performance of the police during the election of 2007 was as serious challenge to law and order. You recall the case of Mr. Kirui that went to court and even the International Criminal Court (ICC) has demanded for that file in the Hague and it will be sent there. You also recall that a former Commissioner of Police is one of the suspects facing the ICC proceedings. These are not idle issues but critical issues for this country. Allow me to say that this country will hold elections in the course of the next one year or so and I want to assure the public that there will be no idea of postponing elections or changing anything. In order to conduct transparent elections a police force that can be respected, recognized, loved and above all be obeyed is crucial. As you may recall, recently, this House approved the appointment of the first ever Director of Public Prosecutions; the only one, as far as I know, outside South Africa, who enjoys independence and security of tenure. However, his work could be very difficult if not impossible unless we have an investigation arm for the country that can be able to collect evidence in a credible manner and present that evidence including forensic evidence in a manner that satisfies our criminal justice system. Therefore, since the Minister has taken the House through express provisions in the Bill, I just want to emphasize Part IV on the Directorate of Criminal Investigation. Hon. Members will find this on page 757 of the Bill. We are legislating on this very important Criminal Investigation Directorate and giving it functions which include financial autonomy. The other one which I want to draw the attention of the House is the Sixth Schedule on page 824. This schedule requires very careful attention because it is a schedule under Clause 61(2) on conditions as to the use of force. Mr. Orengo has kept on reminding us that the legal and political theory of our new Constitution is freedom, equality and above all protection of human rights. Therefore, this Sixth Schedule is a matter that must be looked at very carefully so that we can audit it and through the wisdom of this House improve on it, so that the police understand the limitations as they are under law, and the conditions upon which they cannot use force. We will not want, as a country ever again, to have somebody like Prof. Alston coming to Kenya to tell us what to do with our citizens, particularly when the allegations relate to the killings and elimination of our citizens. Therefore, this Schedule is very fundamental and it is so critical that hon. Members should look at."
}