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{
    "id": 477925,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/477925/?format=api",
    "text_counter": 133,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Thank you, Mr. Speaker. I wish hon. Mbadi was in our Committee. This is a matter that engaged the Committee for a whole day – we were discussing the constitutionality of this particular law. As you know, sometime last year we went for a retreat to Mombasa with the then commissioners of the NCIC and a number of proposals were made for the amendment of this Act. Unfortunately, we were not able to bring that to the House because their terms lapsed and they ceased to be commissioners over nine months ago. So, effectively there was no Commission and there was nobody to be succeeded because their terms had lapsed. So, we are talking about a new commission. Hon. Speaker, the question as to whether this law was constitutional was answered by the transitional and saving clauses, particularly as contained in the Sixth Schedule of the Constitution. I would like to read it for clarity. Section 7(1) of the Sixth Scheduled states as follows: “All law in enforce immediately before the effective date continues in force and shall be construed with alterations, adaptations, qualifications and exceptions necessary to bring it into conformity with this Constitution”. It is the duty of Members of Parliament to bring any amendment at any time we think is the right time. However, laws, as they are, continue to apply; they are not suspended. The NCIC Act is not suspended; it remains in force. As you know, the office of the commissioner has remained vacant for the last nine months. The members of staff have just been continuing without any direction from commissioners. We discussed this issue at the Committee. You know we are very many lawyers in the Committee, among them hon. David Ochieng, hon. Peter Kaluma, who is supposed to be seconding; and hon. T.J. Kajwang, who raised this matter. We came to the conclusion that the process needs The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}