Entry Instance

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

{
    "id": 593161,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/593161/?format=api",
    "text_counter": 147,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "(b) County governments have legislative authority under the Constitution. Premised on that fact, these counties have established, through law, inspectorate departments for enforcement of their legislation. These units are legally established and they perform defined functions. The personnel who work in the inspectorate departments are considered public officers. (c) The Council is apprised of the fact that there have been discussions between certain national government entities and county governments with respect to co-operation between the two levels in delivery of security services. We recognize that county governments have been accorded a restricted role in security. Further, recognizing that emerging trends like radicalization, terrorism and inter-communal violence require the attention of both levels of government, the council initiated discussions with the Ministry of Interior and National Government Coordination, the office of the Attorney-General and other key stakeholders to interrogate opportunities for collaboration. The Senate was represented in the first consultative meeting on 20th May, 2015 by the Chairman of the Senate Committee on National Security and Foreign Relations, Sen. Haji Mohamed Yusuf. Additionally, county governments have raised the issue of the county security units and this was discussed on 23rd March, 2015 meeting of the national security advisory committee. We are aware of the advisory tendered by the Attorney- General on the establishment of county security units and the county governments concur with the same, particularly to the extent that the two levels can co-operate in security through legislation and agreement, whether implementation, capacity building or human resource provision. The council also responded to the letter from the Ministry of Devolution and Planning vide letter dated 22nd September, 2015. Do find in the annex the advisory letter for your perusal and record. The council reiterates that discussions for the establishment and capacity building of county security units are already underway and any framework, whether legislative or administrative, will comply with the Constitution. In light of the above, the Council maintains that there is no county that has set up militia or a police force. The Senate, as the House mandated to protect the interest of the counties can provide leadership as we all explore mechanisms for collaboration between the two levels of government with the ultimate goal of securing the lives and property of Kenyans. It is signed by Jackline Mogeni, for Council of Governors and it is copied to all governors who are calling themselves illegally as “Excellency.” Mr. Deputy Speaker, Sir, as I said, I will also read two paragraphs of the advisory of the Attorney-General. Article 239(4) provides a mandatory prohibition that a person shall not establish a military, paramilitary or similar organization that purports to promote and guarantee national security, except as provided for by this Constitution or an Act of Parliament. Consequently, no person or county government can establish a structure or operational unit to provide security, except as provided for under the Constitution and an Act of Parliament. Article 247 grants Parliament power to enact legislation establishing other police services. However, this must still be under supervision of the National Police Service (NPS) and the command of the Inspector-General of Police. As at this point in 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."
}