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{
"id": 380195,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/380195/?format=api",
"text_counter": 903,
"type": "speech",
"speaker_name": "Sen. (Prof.) Anyang-Nyong’o",
"speaker_title": "",
"speaker": {
"id": 193,
"legal_name": "Peter Anyang' Nyong'o",
"slug": "peter-nyongo"
},
"content": "The Provincial Commissioners were hurriedly removed and then a few days later, some coordinators were introduced in what is called “the region.” Even “the region” does not exist anywhere in the nomenclature of governance in this country. A region may be useful politically for political parties, churches or Non-Governmental Organizations (NGOs) and so on, but in terms of Government lexicon, it is nowhere provided for either in the Constitution or any other laws under the present Constitution. So, really, you cannot structure the Government under something called a “region”, unless, of course, there is, first and foremost, a sessional paper or a policy paper that Parliament has passed, which gives a region some entity in this transitional period or defines a region as something that is to be used in consonance with paragraph 17 of the Sixth Schedule. Mr. Temporary Speaker, Sir, having said that, we now come to the issue of the police. After that constitutional provision that I have just read, in order to implement that constitutional provision into law, two Bills were assented to by the President to become Acts in our laws. One is the National Police Service Commission Act, 2011 and the other one is the National Police Service Act. Now these two Acts are very important, because they were passed in order to put in operation the provisions of the constitutional principles that I have read in Article 246 of the Constitution. Mr. Temporary Speaker, Sir, I want to deal, first and foremost, with the National Police Commission Act, 2011. I am using the National Police Commission Act as, to me, a much more fundamental Act, with regard to the National Police Service Act. This is because it is the National Police Service Commission Act which actually employs. One is the parent of the other. So, it is important that when you are dealing with the National Police Service Act that, first and foremost, you take cognizance of the parent of that Act. I am happy that the Chairman of the Committee on Devolution is on the Chair. Now, if you look at the National Police Service Commission Act, it is very detailed in its provisions to comply with the functions given to the National Police Service Commission, which as I said, the Commission shall 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. These are constitutional provisions. Secondly, the Commission shall observe due process, exercise disciplinary control over and remove persons holding or acting in offices within the service and perform any other functions prescribed by national legislation. Those two functions of the Commission are so clear that even if you were to pass an Act of Parliament, you cannot vary them. They really must be presupposed to have existed ab initio. Mr. Temporary Speaker, Sir, if you look at the National Police Service Commission Act, it does not negate those fundamental functions constitutionally provided. It elaborates on them and says exactly how they shall be operationalized by the National Police Service Commission. It gives further powers to the Commission. When you look at Part II of the Act, it is says “further powers to the Commission.” This means that given what exists in the Constitution, now the Parliament of the Republic of Kenya is prepared to give further powers to this Commission. Let me just read these further powers, because it has occurred to some people that apparently, the Tenth Parliament erred in providing these further powers to the Commission. It reads:- 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."
}