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{
    "id": 307190,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/307190/?format=api",
    "text_counter": 233,
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    "content": "The Minister and his team and even the NIS are conscious of this. A few weeks ago, we have had very fruitful discussions with the Ministry, the LSK and the CIOC. We interrogated this Bill. We will table comprehensive amendments from Clause 1 to the last. Therefore, the issue of whether we should pass this Bill or not does not exist. We will not only pass this Bill, but we will strengthen it so that it remains relevant and compliant with the Constitution while ensuring that we are protected as a country. Hon. Members, let us not politicize this Bill although I know there are perceptional issues. But again we must say for us to enjoy and for this institution to be completely free from regional, party, tribal, ethnic and religious perceptions, it must be free from the politics of the day. To ensure that that happens, in certain Acts, we have proposed and they have also accepted that in the next dispensation and henceforth this agency must remain 100 per cent independent and committed to the national course of providing security intelligence to the Republic of Kenya. Does the Bill provide enough mechanisms for our national security? Does the Bill provide enough mechanisms for counter intelligence because we are in an era of terrorism, militarism and money laundering? These issues must be addressed. Again, that is not within the purview of the NIS alone. We have the Police Service Commission. We also have the Police Service Act. We have the CID. Therefore, within that framework we must solidify the role of the NIS. Secondly, we should ask ourselves as hon. Members whether this Bill is constitutional or not? I can tell you that quite a big chunk of the Bill is constitutional. The bits where there are typo problems and repetitions of roles, we have again suggested amendments in line with the views of all the stakeholders just to make sure it is constitutional. Thirdly, is the issue of independence, we do not want to create an entity that will have a jurisdictional conflict with another entity. Hon. Wetangula suggested it is the right of every Kenyan to carry a gun, including the members of the service. But, again, should we be so obvious in this law to allow an NIS officer to carry a gun? No! That is not the way. They have a right to be armed, but it should not be legislated. This is because we are making it so obvious to every Tom, Dick and Harry. We did agree with the way, but we need to be very careful with the modus operandi and how this will be implemented. Mr. Temporary Deputy Speaker, Sir, there is a complete section of civilian oversight. You have to work, but there has to be an element of the Government of the day. That is why there is a role for the Cabinet Secretary who will be in charge of internal security under the civilian component. There are certain elements within the Bill which I would like to address myself to. Clause 37 is on limitation to the right to privacy. It clearly provides for situations where the Bill of Rights can be suspended if, for example, one is suspected to have committed certain crimes. But again you must be subjected to certain procedures. On those procedures, there were issues here and there. We have suggested within the law and they have accepted. Other players have accepted. Therefore, what one hon. Member said will be addressed in that particular amendment. Clause 66 of the Bill has attempted again to usurp the role of Parliament. Again, after a long debate we realized that what they did was completely unconstitutional. Nobody has a right to think for Parliament. It is Parliament that decides on what they want. Therefore we have also amended that Clause 66. Where they have suggested a"
}