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{
    "id": 416122,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/416122/?format=api",
    "text_counter": 45,
    "type": "speech",
    "speaker_name": "Hon. A. B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "for an independent command through the Office of the Inspector-General of Police as stipulated in Article 245 (b), Section 10 of the National Police Service Act, gives the Inspector-General of Police the powers to determine the distribution and the deployment of officers in that particular Service and to organize the Service at both the national level and its various formations, units and components. The Act further provides that the Inspector-General shall provide the command structure and systems for the National Police Service, in order to get an efficient administration of that service. Of course, under the new Constitution of 2010, the framers of the Constitution found it wise that the National Police Service - our men and women in uniform - should be transformed and be an efficient force. At the same time, Article 246 of the Constitution establishes the National Police Service Commission which has a mandate that includes recruitment and appointment of persons to hold or act in offices in the Service. They have the mandate of the confirmation of appointments and the determination of promotions and transfers within the National Police Service. The Commission is also mandated to exercise disciplinary control of its members. When these two Acts are read together, that is 246 and 245 there is a clear evidence of conflict in several sections of that Act. That is what this Bill intends to cure. An example to demonstrate this fact is Section 10 (4) which gives the Commission the power to monitor the operations of the Service in order to ensure efficiency and effectiveness of the Service and the quality and the standards of the Service. Article 246 of the Constitution clearly assigns the Commission a human resource function. The mandate under that department is the preserve of the Commission under Article 246 and it leaves out operational matters. This is clearly operational matters as pertains to Inspector-General of Police. The spirit behind these amendments is not to take away any power assigned by the Constitution to the Commission, but to make an alignment of the Act towards the Constitution by providing a mechanism that will facilitate both co-operation and consultations between the Inspector-General of police as an independent office and the National Police Service Commission as another body that is a creature of the Constitution. The spirit behind this is not to take any power of any of the institutions, either the office of the Inspector-General or the National Police Service but to align it. Some of the other amendments - and I am sure the Committee tabled its Report in our last Session - are editorial. They are about alignment. I wish to point out that the proposed amendments have been subjected again to give the House the benefit that these amendments did not just come from the blues. These amendments of the principal Act have been subjected to several key stakeholders, including the National Police Service Commission itself, the National Police Service as an institution, the Law Reform Commission, the Attorney General of the Republic of Kenya, the Commission for the Implementation of the Constitution as an independent body that has been created to make sure that implementation of the Constitution is achieved and the relevant ministry. The Departmental Committee on Administration and National Security, chaired by hon. Abongotum, has also interrogated this Bill before and tabled a Report I will, therefore, welcome Members to freely debate this Bill with the sole objective of improving it for the interest of our country; for the interest of the security of our nation. Security is an evolving challenge, not only in our country. but globally. I am sure these amendments are coming at a very crucial time when the challenge of terrorism is well seen in our region and our country. So, I will ask my colleagues that, when we reach the Third Reading of this Bill, specific proposals for amendments and justifications will be made. I will take this opportunity to ask my colleague, hon. Katoo, to second this Bill. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}