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{
    "id": 318668,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/318668/?format=api",
    "text_counter": 304,
    "type": "speech",
    "speaker_name": "Mr. Namwamba",
    "speaker_title": "",
    "speaker": {
        "id": 108,
        "legal_name": "Ababu Tawfiq Pius Namwamba",
        "slug": "ababu-namwamba"
    },
    "content": "Madam Temporary Deputy Speaker, the original Motion comes under Article 241(3) (c): “The KDF may be deployed to restore peace in any part of Kenya affected by unrest or instability only with approval of the National Assembly”. I want to invite the House to look at that Article with regard to the authority and functions of the President under Articles 131 and 132. Article 131(1)(c) is emphatic that the President is the Commander-in-Chief of the Kenya Defence Forces. We know what exactly it means when you speak of a Commander-in –Chief of the Kenya Defence Forces. He holds the whole; the prerogative of command. The Kenya Defence Forces cannot be commanded by or under any other authority other than the command bestowed upon the President by Article 131(1)(c) of the Constitution. Article 132(4)(e) even speaks to the declaration of war. It is clear that the President with the approval of Parliament may declare war. The reason why I put these articles on record is so that we understand that the initiation, and I agree absolutely with the Attorney-General, of any action or command with regard to the Kenya Defence Forces is an Executive prerogative exclusively vested in the presidency. No other authority has the constitutional mandate, authority or wherewithal to command the Kenya Defence Forces. The approval contemplated in Article 243 (3)(c) presupposes that the President has already made a decision to command the Kenya Defence Forces and comes to this House for approval so that the President makes a decision, for instance, that the KDF be deployed to the Tana Delta and seeks this House to approve his decision. This House cannot, must not, has got no constitutional authority to purport to approve, command, initiate or move the President or the Government to act in a manner that presupposes to command the Kenya Defence Forces."
}