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{
    "id": 593163,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/593163/?format=api",
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    "content": "time, there is no legislation in place establishing exclusive police service other than the service established in the Constitution. Some legislation established disciplined forces and service with powers of similar nature to the powers of national security organs within the ambit of Article 247, and these are; the Kenya Forest Act, the Wildlife Conservation Management Act, the Prisons Act and the National Youth Service Act; the Attorney General has detailed the provisions. Mr. Deputy Speaker, finally, the Attorney General says it is their conclusion that national security is a national Government function. However, some elements of the same can be transferred to county governments on agreement or via legislation. In this case, it is the responsibility of the national Government to determine to what extent it would wish to retain or transfer the function, in whole or part, on what terms and conditions or as it remains constitutionally responsible for the function’s implementation. In our opinion, and in the spirit of cooperative government, the national Government should initially seek to engage the target county governments in communication and consultation to determine the reasons for these county security units’ interventions. Where these are deemed to be legitimate, gap-based reactions to their perceived security needs, measures should be undertaken to provide or boost the necessary security resources and disband security units where established. Where it is determined that the purpose of the establishment of county units is ulterior, the national Government should follow any failure to adhere to the advisory and to take the necessary judicial arbitration to affirm the constitutional position and where necessary, take criminal action against persons purporting to act as security agents in line with the relevant provisions of the penal code. Mr. Deputy Speaker, Sir, having said this, I want to add two things. First, I agree with the Council of Governors’ response and with the Attorney General’s advice. However, I have a problem in practice. Sen. Khaniri has raised a very important issue because the practice is not what the law says and what the response Council of Governors has given. I am a witness. In the past, we have been in a meeting in a certain county with the Senate Deputy Majority Leader, Sen. Keter where some “county police” were lined up. Therefore, when we will be required to substantiate, we can do so. Their work was to shout down anybody who does not like the governor and anyone who is perceived to be the enemy of the governor. They frog-marched people for meetings despite the fact that the Council of Governors says that they are inspectorates, whether it is city council askaris for the purpose of collection of taxes or enforcement of issues related to where all these other people are supposed to sell their goods. The practice in the villages and rural areas is that county governments have askaris in uniforms whose responsibility exceeds that of enforcement of any county related functions. Whereas I acknowledge what they have written and the fact that the county governments have acknowledged the law - I have conversed with Sen. Khaniri and this is what we discussed also in the Committee. We noted that it is only until we get specific complaints either by citizens, by way of a petition or a complaint of a citizen who has been harassed, villagers are being harassed left, right and centre in small village markets in different places. Old grandmothers are being harassed by askaris of the governor. This 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."
}