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{
    "id": 380190,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/380190/?format=api",
    "text_counter": 898,
    "type": "speech",
    "speaker_name": "Sen. (Prof.) Anyang-Nyong’o",
    "speaker_title": "",
    "speaker": {
        "id": 193,
        "legal_name": "Peter Anyang' Nyong'o",
        "slug": "peter-nyongo"
    },
    "content": "raised concerns on the implementation and interpretation of Article 246(3) of the Constitution; realizing that the Government has since then gone further to appoint former Provincial Commissioners to hold Regional positions raising further concerns on the implications of Article 1(4)(a) and (b) of the Constitution; aware that paragraph 17 of the Sixth Schedule to the Constitution states that “within five years after effective date, the National Government shall restructure the system of administration commonly known as the Provincial Administration to accord with and respect the system of devolved government established under this Constitution”; the Senate hereby calls upon the Government to clarify the actions taken by the Inspector-General of the Police given the constitutional provisions and to table in the Senate a Policy Paper providing a time action plan for the restructuring of the Provincial Administration. Before I go further, I want to remind the House of the specific provisions in Article 14(a) and (b) of the Constitution and Article 246(3). I will begin with Article 246(3) of the Constitution. With your indulgence, for the record, I would like to read that Article verbatim so that it is known what I am referring to. Article 246 of the Constitution entitled the National Police Service reads as follows: (1) There is established the National Police Service Commission. (2) The Commission consists of- (a) the following persons, each appointed by the President- (i) a person who is qualified to be appointed as a High Court Judge; (ii) two retired senior police officers; (iii) three persons of integrity who have served the public with distinction; (b) The Inspector-General of the National Police Service; and, (c) both Deputy Inspectors-General of the National Police Service. (3) The Commission shall— ( a ) recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within the National Police Service; ( b ) observing due process, exercise disciplinary control over and remove persons holding or acting in offices within the Service; and ( c ) perform any other functions prescribed by national legislation. (4) The composition of the National Police Service shall reflect the regional and ethnic diversity of the people of Kenya. The functions of the Commission as laid down in the Constitution are very clear. There is no way that those functions can be varied without constitutional change. If you look at Article 14(a) and (b), you will see that; The sovereign power of the people is exercised at–– ( a ) the national level; and The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}