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{
    "id": 462265,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/462265/?format=api",
    "text_counter": 81,
    "type": "speech",
    "speaker_name": "Hon. A. B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "(b) Both men and women are given equitable opportunity to be recruited. Selection for both genders is subject to candidates presenting themselves at the designated centers and offices. (c) Under Article 241(3)(a) of the Constitution, KDF is expected to apply and efficiently deliver on its responsibility for the defense and protection of the sovereignty and territorial integrity of the Republic. Accordingly, persons selected for employment must be capable of delivering on this important mandate. I want to read to the Members why KDF recruitment has a bearing on the height of an individual. The High Court of Kenya in Kisii, Petition No.181 of 2010 wherein the petitioner challenged use of the prescribed physical conditions as eligibility criteria for recruitment: In dismissing the petition Hon. Judge Musinga ruled as follows: “It must be borne in mind that the work of our armed forces is not ordinary civil employment. Our armed forces must be given the liberty to recruit only those Kenyans who are fit for the job. The preamble of our Constitution recognizes the Almighty God as the God of all creation. We must also acknowledge that the Almighty God grants different gifts, qualities and capabilities to different people, so that they can excel in different jobs or/occupations. Those who may not qualify to join the armed forces on the basis of the stipulated requirements may be eligible in other fields”. The other day the debate was about some counties producing people who are very short, and might not quality to be recruited. (iv) On whether the action of the Members of the Defence Council was in contravention of Article 73(1)(i) of the Constitution that requires the authority assigned to State officers to be exercised in a manner consistent with the purpose and objects of the Constitution; the Defence Council acted as required and within the dictates of the Constitution and spirit by conducting recruitment in a fair, transparent, equitable and professional manner. The recruitment exercise entails selection process wherein the candidates who present themselves are subjected to vigorous physical examination, further medical examination, aptitude test as well as scrutiny of academic certificates and identification documents to confirm their suitability to serve in KDF. (v) On whether the Defence Council in failing to adhere to Section 28 of the Kenya Defence Forces Act on the advertisement was in breach of Article 73(2)(b) of the Constitution requiring objectivity and impartiality in decision making; this was covered in the second question. (vi) On the total number of recruits to be enlisted showing chances available in the country, the process is still ongoing and I am sure once the recruitment exercise is over, the country will know how many men and women were recruited to join the KDF. Thank you, hon. Speaker, Sir."
}