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"content": "Mr. Speaker, Sir, the other constitutional benchmark is Article 6 (2) of the Constitution, which to me, as we roll out devolution, will remain a very critical provision of this Constitution. Allow me just to read Article 6 (2) of the Constitution. It says:- “The governments at the national and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and co-operation.” Mr. Speaker, Sir, this is very important. We have seen instances where there has been a lot of emphasis on the distinctiveness of the two levels of government, at the expense of the requirement of the Constitution to consult and co-operate. So, this is the basis of this Motion. In matters of the police, at the moment, it is possible actually to create even additional police agencies, just to set the record straight. You will get that in Article 247, which says:- “Parliament may enact legislation establishing other police services under the supervision of the National Police Service and the command of the Inspector-General of the Service.” So, you can have other police services, but by legislation. This Motion, in the second prayer, is asking for a process where that legislation can be developed to assist Nairobi County. Why Nairobi County? First, this is the hub and capital of Kenya. Mr. Speaker, Sir, secondly, Nairobi is facing serious security and law and order threats. Thirdly, 60 per cent of Kenya’s Gross Domestic Product (GDP) is about Nairobi. It is the home to international diplomatic and political organizations. It is the gateway to our country. Mr. Speaker, Sir, finally, as I speak, the Inspectorate Department of Nairobi County is already performing almost policing activities. They arrest people all over town and even have a court. But this department is archaic and analog. The officers have no training or curriculum. They just grab people from the streets and drag them to some kangaroo courts, which I am told, sometimes are inside pick-ups. We want a modern service that is uniformed, trained and disciplined, with a curriculum to supplement what the National Police Service is doing. Mr. Speaker, Sir, here, two things come out clearly. First, there will be need for a law. Secondly, there will be need for an intergovernmental arrangement. So, this Motion is just to start that dialogue, so that we can assist Nairobi to become like other modern cities, like London and Antwerp. All the major cities have metropolitan police. But what must be emphasized is the need to subsume the operations of this proposed Nairobi Metropolitan Police Agency to the authority and command of the Inspector General of Police, in accordance with the Constitution. So, we are not helping the Governor of Nairobi to have his own police unit. The county government can only supplement whoever they appoint. For example, I am told right now that the Governor of Nairobi County has appointed some former police officer to head the City Inspectorate Department. Even if that department is upgraded to a metropolitan police service, that person appointed by the Governor must remain under the command and instructions of the Inspector General, for the purposes of satisfying the Constitutional requirements. 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."
}