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"speaker_name": "Sen. Orengo",
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"content": "Mr. Temporary Speaker, Sir, I have three minutes. Let me be the bad advocate in this issue and think like others are thinking; that the military is there legally and constitutionally. If that is so, Article 238 of the Constitution which deals with the principles of national security, provides as follows in sub article 2(b):- “national security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms;” (c) “in performing their functions and exercising their powers, national security organs shall respect the diverse culture of the communities within Kenyan.” When I was looking at the gazette notice by the Cabinet Secretary for Defence, I noticed an omission which explains why things are happening in Baringo as they are. This Gazette Notice refers to Sections 32(2) and 34(2) of the Kenya Defence Forces Act. The Cabinet Secretary, clearly and for very good cause, omitted Section 33(2) of the Kenya Defence Forces Act and this is very important. Even in an emergency the military has got something in the law to obey. It says:- 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."
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