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{
    "id": 307180,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/307180/?format=api",
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    "content": "In Clause 27(3), I also note that this agency that is supposed to operate in a manner so as to secure intelligence information that is useful for safeguarding the interests of this country is also being subjected to the Cabinet Secretary. This is being done on the basis of the fact that it is important to ensure that the agency that gathers information of this nature plays a non-partisan role. When an agency exercises some autonomy; some level of independence, even though it is being over sighted and guided as provided in Article 28, we need, as Parliament on behalf of the people of Kenya, to be sure that the interests are furthered on behalf of Kenyans and not necessarily on behalf of certain groups, individuals and regions. Clause 66 requires this agency to be subjected to oversight by joint Committees of Parliament. A previous speaker has said that the service will not be reporting to anybody, but Clause 66 states clearly that to give effect to Article 95 of the Constitution, Parliament, through a Joint Parliamentary Committee will be overseeing the expenditures and the budgeting of the agency. What Parliament may not be allowed to do is to micro- manage the day to day operations of that organ. To the extent of oversight, it is provided for in this Bill that, that will happen to the extent that we do not appear, as Parliament, to be encroaching too far, just as we should not encroach too far in the operations of the Executive, so that it is able to achieve its stated mandate and objectives, which it will have promised in its manifestos during its campaign. As the representatives of the people of Kenya, we need this Bill to pass. The people are properly safeguarded in the various clauses. I heard another colleague who referred to the possibility of the chief of this agency being able to issue warrants of arrest. Mr. Temporary Deputy Speaker, Sir, let us read this Bill comprehensively and not selectively. I have read another section that says that for this to happen, the Chief Executive Officer of that Agency is supposed, first of all, to have applied to the High Court to be allowed to issue warrants of arrests. So, you cannot just wake up one day and think that a certain citizen is in the wrong and proceed to issue warrants of arrest or issue warrants to investigate or search his house or premises. To do this, you have, first of all, to apply according to what is proposed in the Bill; to apply to the High Court to get warrants of arrests. I want to say that this is a Bill whose time has come especially now that we are on the home stretch towards the next general election. General elections require a lot of intelligence information, checks and balances so that we are, at least, curtailed, safeguarded and aware that somebody is watching and mandated to report on us and to recommend appropriate action on us because we are the same leaders who go out there and go beyond the limits that are allowed. I support this Bill and thank you."
}