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"id": 402957,
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"type": "speech",
"speaker_name": "Hon. Gichigi",
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"speaker": {
"id": 1909,
"legal_name": "Samuel Kamunye Gichigi",
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"content": "Hon. Deputy Speaker, this piece of legislation is long overdue. As was witnessed in this House in the morning, the issue of insecurity in the country is going to the levels of a national disaster. If something is not done about it, this country is likely to fall to the dogs. This has not happened overnight. The growth of insecurity in this country has happened progressively. When I came to Nairobi for my university education, I was welcomed by mugging somewhere at the OCT Stage. Subsequently, I was visited by robbers in the estate that I lived and not long thereafter, I was carjacked. When we, therefore, debate the issue of the instruments of power and the organs of security in this country, it is important that we remove politics from it. It is important that we look at efficiency as well as the constitutionality of the Bill that is in front of us. I agree that there is an apparent contradiction between Article 245(2)(b) which states:- ( b ) shall exercise independent command over the National Police Service, and perform any other functions prescribed by national legislation”. My reading of the word ‘command” in the dictionary is to “direct with authority, give orders to, to have control or authority over, to rule”. Article 246(3) states: “The Commission shall – (a) recruit, 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.” It is clear that there is a problem here. Even though the Constitution permits this House to make laws or state what other functions the Inspector General shall perform, as well as legislate on Article 246 on the functions of the National Police Service Commission, it is important that we clear the grey areas that the Constitution is creating. I implore the relevant committee of this House to look into this issue as we bring amendments. It is important that the wars that have been there between the Chairman and Inspector General are dealt with. Criminals in this country are no doubt laughing at what is happening between the two arms of Government. It is important to note that what the law tells the Inspector General to do, it does not also tell the Commission to do. One day the Inspector General will transfer a police officer and then the commission will cancel that transfer. It is also absurd that a constitutional commission would have authority on transfers and promotions over constables in the police service. I, therefore, The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}