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{
    "id": 318616,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/318616/?format=api",
    "text_counter": 252,
    "type": "speech",
    "speaker_name": "Prof. Muigai",
    "speaker_title": "The Attorney-General",
    "speaker": {
        "id": 408,
        "legal_name": "Githu Muigai",
        "slug": "githu-muigai"
    },
    "content": " Madam Temporary Deputy Speaker, first of all, I want to acknowledge that we are dealing with a very grave problem of national security within this country. I want to appreciate the strength of opinion and emotion around this question. Having done so, I want us to remind ourselves of the nature of Constitutional authority around the question of the deployment of our armed forces. Parliament has authority to supervise how the Executive deploys the armed forces. Parliament has no authority itself to deploy armed forces. We have separation of powers. The powers of the Executive include the powers to preserve law and order and to make a judgment as to when it is necessary to use Kenyan Defence Forces overseas and when it is necessary to use Kenyan Defence Forces to support civilian authorities within Kenya. Madam Temporary Deputy Speaker, because we have a new Constitution, the question of precedent, or the precedent we set, is very important. You will recall that when the war in Somalia commenced, the Executive came to this House and asked it to authorize the deployment of our forces and this House was pleased to give it. That war has proceeded on a firm constitutional basis. The question of when and how the military can be deployed in support of civilian authorities is an important one. The Constitution, in its wisdom, has created three key organs: One is the presidency itself. The President is the Commander-in-chief of the Defence Forces of the Republic of Kenya. By virtue of that office, the authority to declare war is an authority that is vested in the President of the Republic of Kenya as, indeed, is the authority to declare a state of emergency subject to the supervision of Parliament. Further, the Constitution in, its wisdom, has created the National Security Council. This is an organ that brings together all the key national security personnel. This body has the technical knowhow to otherwise make assessment as to the desirability, or otherwise, of the deployment of the defence forces of the Republic of Kenya. Finally, the Constitution, in its wisdom has created a National Defence Council. This again brings together the service commanders of the three key defence forces of the Republic of Kenya."
}