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{
    "id": 309279,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/309279/?format=api",
    "text_counter": 434,
    "type": "speech",
    "speaker_name": "Mr. Githae",
    "speaker_title": "The Minister for Finance",
    "speaker": {
        "id": 159,
        "legal_name": "Robinson Njeru Githae",
        "slug": "robinson-githae"
    },
    "content": " Mr. Temporary Deputy Chairman, Sir, as the chairman of the Committee has rightly pointed out, there was no consensus on this issue, mainly because the service felt very strongly, and they had empirical data to support it, that accepting the amendments that were being proposed by the Committee, will actually render the Service almost unable to perform its functions. These amendments to Section 37, even in our Constitution, the rights are not absolute. In fact, the Constitution recognizes that certain rights are not absolute. These are some of them. Secondly, the fundamental rights and freedoms are also limited by law provided that it is reasonable and is applicable in an open democracy. The main reason was that the proposed amendments, particularly on privacy, were intended to enable the Service to carry out its mandate, where the Service will use a warrant for investigative work. We have already removed the powers of arrest from this Service. So, the issue of this Service behaving like the former Special Branch does not arise. It will not arrest because they will not have the powers of arrest. We are saying that their actions will be on the strength of a warrant. We are opposing these amendments, because they will render the Service unable to perform its core mandate. Since there is no power of arrest, the issue of it behaving like the former Special Branch does not arise. We strongly oppose this. We had no consensus and we also had empirical data from the Central Intelligence Agency (CIA) and Federal Bureau of Investigations (FBI). We are saying that certain rights cannot be absolute. This is subject to warrant. So, I am appealing to this House that we reject the proposed amendments as they will make this Service unable perform its functions."
}