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"content": "him, and I must say this, the Mover of this Motion was a Minister in the Government and in charge of the security docket at the wrong time. Maybe if he was in charge of security now, some of these good ideas that he is bringing about, would have informed us a long time ago. We would not be talking about setting up a committee, but probably trying to review an experience that is positive and enjoyed over the years. Mr. Temporary Speaker, Sir, when my friend, Sen. G.G. Kariuki, was the Minister in charge of internal security, the State was feeling more insecure than the public. The State, therefore, was hunting people who really were not a danger to the State. It was spending a lot of resources and was forced in many cases to detain very many innocent Kenyans, purely, because the reading and understanding of the constitutional dispensation at that time was that the security of the nation came first. I think that he remembers even the institutional arrangement at the time and the offices that existed at that time, particularly, that of the President. He remembers that one of his colleagues said it loud and clear that it was, indeed, a crime of treason to imagine and encompass not only the death of the President, but even imagining and encompassing becoming one. I remember one particular rally where I was with hon. Kimani Wanyoike. He was arrested and had to spend several days in detention for simply saying that Kenyans were free to imagine becoming President or whatever one wanted; in the words of Lupita “all our dreams are valid.” At that time, it was taken to be a crime to imagine and dream some of these things. So, the State at that time was busy hunting innocent Kenyans, instead of providing security and safety to the general public. Mr. Temporary Speaker, Sir, if you look at the Constitution of Kenya, I know that under the principles of national security, there are provisions there which make me happy and comfortable, to the extent that it says that national security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms and property. So, there is a concept about national security that goes beyond what we used to experience, so that the national security, as a principle or concept, includes the protection of individuals and their properties, instead of putting that principle on its head and saying that national security is really about the security of the State. So, this provision in the Constitution is important. But where I have a little bit of a problem with the Constitution – and you may be useful to us in this regard because I know that you take a lot of trouble into looking at this sacrosanct document - is Part 2 which deals with the Kenya Defence Forces. Again, the responsibilities of the Defence Forces are set out. They include the defence and protection of the sovereignty and territorial integrity of the Republic of Kenya. But when you come to the National Police Service, and read the provisions relating to the National Police Service, Article 234, establishes the National Police Service. But if you look at Article 244 (b) it is the only relevant provision that I can elicit from that particular article, in relation to what we expect of the police as an organ of national security. But I think that it does not fully cover the broad mandate and responsibility of the National Police Service. It says: “Prevent corruption.” Again, if you are to ask whether they are doing that, I do not think that they are scoring highly. Mr. Temporary Speaker, Sir, it also says: “Promote and practise transparency and accountability. Comply with constitutional standards of human rights and fundamental The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}