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{
    "id": 691057,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/691057/?format=api",
    "text_counter": 125,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "approval. This will give us a clear legal status. It will also confer jurisdiction upon the service authorities of both countries and of visiting forces within the Republic of Kenya. The Defence Co-operation Agreement is based on the principle of reciprocity, sovereignty, and equality of both States. It is a win-win situation for both our countries. Military personnel of either State will be treated and accorded the privilege and the liabilities in other States. We have our officers from Kenya Defence Forces who go to UK for training and many other issues. An issue was raised on the unconstitutionality of Article 6.4 of the DCA. Article 2(6) of the Constitution recognizes treaties ratified by Kenya as part of our laws. The moment we ratify these agreement, the DCA will be part of our laws. Section 282 and 283 of Kenya Defence Forces Act permit the transfer of jurisdiction to the service courts of visiting forces either through a treaty or an agreement. Consequently, the proposed transfer of primary jurisdiction is not unconstitutional. Read Article 2(6) of the Constitution together with Section 282 and 283 of KDF Act. An issue was raised that the United States of America pays a lot for their base in Djibouti. I want to make it very clear, whereas the US pays more to Djibouti Government for the use of its base, it must be noted by this House that the US has a relatively large base with an airfield in Djibouti. In fact, it is the largest US military base in Africa. It has more than 4,500 US military personnel. The US has exclusive rights according to the Agreement they have entered with Djibouti, to use that base in their engagements in the Middle East and Somalia. Because it is their biggest airbase in Africa, and because of its missions in Syria, Iraq and Somalia, it cannot be equated with what the British forces are doing. In this regard, the Kenyan scenario is a small logistics base and cannot be equated with the US base in Djibouti. Ours is for training. If you look at the numbers and the size of land you cannot compare. The Defence Cooperation Agreement will provide a joint training and exchange experience and intelligence between our two defence forces thereby increasing the capacity of the Kenya Defences Forces (KDF). Therefore, Kenya benefits immensely from the agreement in terms of training of our forces, exchange of experiences and intelligence gathering as Kenya, the UK and other countries are partners in the war on terror. This will enhance that capacity. The experience that the KDF will get is within its constitutional mandate."
}