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{
    "id": 677301,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/677301/?format=api",
    "text_counter": 255,
    "type": "speech",
    "speaker_name": "Hon. Gethenji",
    "speaker_title": "",
    "speaker": {
        "id": 2874,
        "legal_name": "James Ndungu Gethenji",
        "slug": "james-ndungu-gethenji"
    },
    "content": "office may only be done under extraneous circumstances such as in times of war, emergency or during other extraneous security circumstances or exigencies. Clause 13 removes the need for the CS to inform the National Assembly where the KDF are deployed and where expenditure is incurred or will be incurred. This is in violation of Article 201 of the Constitution, which outlines openness and accountability as some of the guiding principles in financial matters. The proposed amendment by the Committee seeks to include expenditure incurred or to be incurred during deployment of KDF as one of the items that the CS should disclose to the National Assembly. The proposed amendment to Clause 15 seeks to ensure that the respective commanders in joint operations retain the administration and command of forces while the Inspector-General (IG) of Police shall be left in charge and in control of the overall superintendence of any operation. That is to cure the issue of joint command and oversight in internal operations by the IG where the military is called in to assist. We also proposed an amendment to Clause 16(1) by deleting the expression “241(3)(i)” and inserting various substitutions which are very lengthy. I just wish to speak to the justification for the same. This was done to retain the role of the National Security Council (NSC) in approving deployment of KDF in support of the National Police Service and further extend those powers to the President. This was not clear in the amendment in the Bill. We also sought to insert a new clause after Clause 26. The proposed amendment seeks to allow a person who has been convicted by a court martial to make subsequent appeals to any other superior court in line with Article 50 of the Constitution. We also sought to make a further amendment to Clause 30. The proposed amendment seeks to relax the strictness of the requirement of a major to a lieutenant colonel. Clause 32 was also amended by members of the Committee. The proposed amendment seeks to ensure that a member of KDF is entitled to treatment for injuries sustained while on military service beyond a member’s service contract. Further, the amendment seeks to allow a member of KDF, while on treatment, to receive pay and allowances during such period of treatment and to protect the right of KDF members to be compensated if they lose their lives or suffer disabilities while in military service and/or training. We also sought to amend Clause 33 to remove the ambiguity as to when resignation is approved and takes effect. That was deemed to be quite ambiguous in the current format. Further, the amendment seeks to allow the service commanders to consider application for resignation by an officer or a service member. The amendment proposed by the Committee to Clause 34 gives the President the powers to order auxiliary reserve forces to be part of KDF, which arguably may give room for militarisation of the Kenya Forest Service (KFS), Kenya Wildlife Service (KWS) and National Youth Service (NYS). Further, pursuant to Article 241 of the Constitution, KFS, KWS and NYS do not form part of KDF. The proposed amendment to Clause 37 seeks to ensure that the funds of KDF are in a separate vote. The proposed amendment to Clause 38 seeks to ensure that KDF keeps proper books of accounts and records of income, expenditure, assets and liabilities of KDF. Further, the proposed amendment seeks to ensure that the accounting officer in the Ministry shall submit to the Auditor-General the accounts of the KDF within a period of three months after the end of each financial year, together with a statement of income and expenditure for that year and a cash flow statement. This will ensure transparency and accountability in the manner in which funds of KDF are utilised, which is in line with the Constitution. This will ensure transparency and 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."
}