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{
    "id": 416170,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/416170/?format=api",
    "text_counter": 93,
    "type": "speech",
    "speaker_name": "Hon. Wandayi",
    "speaker_title": "",
    "speaker": {
        "id": 2960,
        "legal_name": "James Opiyo Wandayi",
        "slug": "james-opiyo-wandayi"
    },
    "content": "For the benefit of Members, Article 246(3)(b) talks about the National Police Service Commission having powers vested in it and removal persons holding or acting in office within the Service. The new Section 8A is attempting to redefine the meaning of independent command of the Inspector-General as envisaged under Article 245 to include matters to do with disciplinary control. That is definitely unconstitutional and, of course, I will be opposing this Bill in totality. Hon. Speaker, the second issue is on the matter of hiring of the Inspector-General. It is very clear under Article 246(3) that the National Police Service Commission is the only authority that is supposed to recruit officers and employees of the National Police Service. To attempt to give the President powers to nominate someone to be appointed as the Inspector-General is to go against the Constitution. Under Article 245 it is very clear that the President shall appoint the Inspector-General with the approval of Parliament. That particular article does not give the President the powers to initiate the process of appointing the Inspector-General. It envisages a situation where--- Even the current Inspector-General was taken through a rigorous, transparent and competitive recruitment process. That is what Article 245 envisages; the President shall only nominate persons who have already gone through a rigorous vetting and interview process by the Commission. Now this Bill wants to circumvent the Constitution and allow the President to appoint someone directly for this Parliament to approve. Hon. Speaker, if it was the intention of the Constitution that the President should initiate the process of appointing the Inspector-General it would have said so very clearly. Look at Article 132 where the functions of the President are enumerated. It talks about the President nominating certain officers, including the Attorney-General, the Chief Justice and many others. In that particular article there is no mention of the Inspector-General. The upshot of all this is that the framers of the Constitution were very clear in their minds that when it comes to the appointment of the Inspector-General (IG) as of course is the case with the appointment of the Chief Justice, and again---"
}