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{
    "id": 307308,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/307308/?format=api",
    "text_counter": 351,
    "type": "speech",
    "speaker_name": "Mr. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Madam Temporary Deputy Speaker, at long last, I caught your eye. I want to put a proposal that transparency and accountability must also be done in Parliament and the screen should be showing the names of Members who have requested to speak. Having said that, I stand to support this Bill. The National Intelligence Service (NIS) must be at par with their counterparts globally. Intelligence gathering is becoming a global phenomenon. The NIS has grown over the years from Special Branch to what we have today and to where we are heading. We must create a robust organization that will live to its mandate. That is why we are giving it a new mandate today. This mandate is drawn from Article 238 of the Constitution. It must provide our internal security and take care of our external security. It must give the Kenyan people the safety that they deserve. That is why politicians, and I think Members of Parliament, should not have problems with the NIS. It is a partner that this country needs. I will go to particular clauses, some that I support and some that I have issues with. For the first time, this Bill under Clause 6A is cushioning the Kenyan people from rogue officers. The NIS staff are not angels. So, there will be one, two, three or a number of them, including at the top level, who will be rogue in fulfilling their mandate to the Kenyan people, but a safeguard has been put in place. If you go to the mandate that is given under this Bill, in Clause 6(2)(a) up to (c), these powers are not absolute and the Members need to agree. They will follow the Constitution and the Act. A number of oversight bodies have been created by the Constitution including the civilian authority under this Bill. There are emerging threats locally and internationally that have some bearing on technology. The Members of Parliament should read this Bill and even the wire tapping which they do now illegally is subject to judicial review under this Bill. The NIS must get a judicial okay to do that. A number of Members of Parliament have said that we should not allow that but this is cushioned. If you come to Section 8, about the appointment procedure of the Director- General as shown in Article 260 of the Constitution, you will see that the appointment procedures have been left to this statute. We need to depoliticize the appointment of the Director-General. We must develop confidence with the appointing authority. I want to support that the President of the Republic of Kenya must have the appointing powers. The incumbent President must have the powers to remove the DG because the NIS is very sensitive and important. In a transition period, if the coming President feels that the person in office is not right--- Of course, he will do that through parliamentary approval. I am very happy for the first time that Clause 14 of the National Intelligence Service Bill has publicly given us a number of directorates under the Service. Of course you will remember that during the time of former President Moi, there was the Liaison Department under the Special Branch which dealt particularly with politicians. However, today, we are told that there are divisions namely, internal, external and counter terrorism and this is good. For the first time, Kenyans will know the kind of departments these guys have."
}