Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 50558,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/50558/?format=api",
    "text_counter": 262,
    "type": "speech",
    "speaker_name": "Mr. Musila",
    "speaker_title": "The Assistant Minister, Ministry of State for Defence",
    "speaker": {
        "id": 94,
        "legal_name": "David Musila",
        "slug": "david-musila"
    },
    "content": "Madam Temporary Deputy Speaker, I move that this portion be deleted for reasons that have already been alluded to by some previous speakers. The gist of the argument here is in Article 241 of the Constitution. If you read Article 241 of the Constitution it simply defines the formation of the Defence Forces. There is nowhere where it talks about the Budget. This is the same with the Act of Parliament that exists; the Armed Forces Act, Cap.199 of the Laws of Kenya. The formation of the armed forces is the Kenya Army, Kenya Air Force and the Kenya Navy. That is what the Act of Parliament says and that is exactly what the Constitution says. The only difference is that we have changed it from armed forces to defence forces. Madam Temporary Deputy Speaker, in line with the practice all over the world of defence, money is allocated to the parent Ministry, and then it is divided to the various formations of the defence based on need. What do I mean by that? In defence forces, there are many activities that take place but were not planned. It is upon the Ministry to be able to assess the need of every formation and be able to allocate accordingly. For example, at the moment in Kenya, we have the menace of the pirates. Therefore, it is incumbent upon the Ministry of Defence to look at that problem of pirates and accordingly allocate the Kenya Navy an amount that is clearly suitable for that operation. Similarly, we have operations at the Kenya-Somalia border where Kenya Army is involved. It is upon the Ministry of Defence to sit down in consultation with the commanders of all the formations and allocate the money in accordance with need. This is the practice in all modern defence forces of the world. Therefore, I just wanted to persuade my colleagues, hon. Members, because one hon. Member said that this is in accordance with the Constitution. The former Constitution and this Constitution say the same. The Act of Parliament in which we operate the Armed Forces is the same as the current Constitution. Therefore, by changing what this Motion wants us to change does not make us in any way more compliant with the Constitution than we have ever been. Madam Temporary Deputy Speaker, an hon. Member also said that Kenya Army, Kenya Air Force and Kenya Navy are constitutional offices. That is not correct. The point is that defence forces is a constitutional formation and, therefore, the request here is that money be allocated to the Ministry of State for Defence and then, as it has always happened, it will be divided to the various formations of the defence, based on the need at the time. With those few remarks, I beg to move."
}