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{
    "id": 339437,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/339437/?format=api",
    "text_counter": 9,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon.Members, you will recall that on Wednesday, 21st November 2012, the Member for Gem Hon Jakoyo Midiwo rose on a point of order seeking the guidance of the Speaker on the constitutionality of the involvement of officers of the Kenya Defence Forces in Baragoi in Samburu District and in Garissa. In summary, the Hon Member sought guidance as follows:- (a) whether the involvement of officers of the Kenya Defence Forces in Baragoi and Garissa did not require the prior approval of the National Assembly as it amounted to assistance and cooperation with other authorities in situations of emergency or disaster within the meaning of Article 241(3)(b) of the Constitution; or (b) whether the involvement of officers of the Kenya Defence Forces in Baragoi and Garissa required the prior approval of the National Assembly as it amounted to a deployment to restore peace in an area affected by unrest or instability within the meaning of Article 241(3)(c) of the Constitution. The Minister of State for Provincial Administration and Internal Security Hon. Katoo Ole Metito on a Ministerial Statement issued in the House on 21st November, 2012 contended that the National Security Council on 13th November, 2012 directed the deployment of the Defence Forces to assist in Samburu County and other areas, alongside the Kenya Police Service, for purposes of assistance and cooperation pursuant to Article 241(3)(b) and did not require the approval of the National Assembly. The Member for Gem was of the contrary view and contended that the deployment of the Kenya Defence Forces in Baragoi and Garissa required the prior approval of the National Assembly as it amounted to a deployment to restore peace in an area affected by unrest or instability. Article 241 of the Constitution, which is in contention, in this case, provides: “The Defence Forces— (a) are responsible for the defence and protection of the sovereignty and territorial integrity of the Republic;"
}