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{
    "id": 312531,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/312531/?format=api",
    "text_counter": 468,
    "type": "speech",
    "speaker_name": "Mr. Abdikadir",
    "speaker_title": "",
    "speaker": {
        "id": 1,
        "legal_name": "Abdikadir Hussein Mohamed",
        "slug": "abdikadir-mohammed"
    },
    "content": "Madam Temporary Deputy Chairlady, I beg to move:- THAT clause 79 be amended by deleting sub-clauses (3), (4), (5) and (6). If you look at those sections, for example, sub-clause 3 says that it shall be the duty of every State organ, State department, or agency or public entity that receives intelligence from the Service to comply with it or otherwise utilize such intelligence. This gives this institution oversight over how its services are utilized by other institutions. These other institutions like the Kenya Defence Forces are intelligence services. The President might decide not to utilize that information and use something else. Sub-clause 4 is even worse because it says that if as a result of failure by a State organ, State department, or agency or public entity to comply with the advice of the service and harm or prejudice is occasioned to national security, the head of that State organ, State department or agency or public entity shall be held personally liable for the harm or prejudice. Now, if the President decides that he is not going to utilize the information, is he going to be held personally liable? What if there was a bigger and more critical issue? Would the Service itself be happy with a mirror clause that says: “If they fail to provide, their head will be personally held liable?” Essentially, this is really over kill. Of course, it is important for institutions to utilize the information given. They will also be happier when they are given information. Of course, there have been failures because of situations where the Service has given information and the user organs have failed to utilize it, but this is not the way to cure it. We propose for a deletion."
}