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"content": "established to establish peace in this country. That Commission was established to warn against the possibility of breaking peace. It was there just to say: “Look, that kind of talk can cause problems.” When that talk causes problems, the Commission has no instruments to deal with it. So, I think in terms of gathering information, research and warning people, these amendments are useful, innocent and can be passed. I want to say that the words that are being used in this debate thinking that by promoting projects of peace building you will have the responsibility of peace building is not the mission of the Commission at all. It cannot be. Article 238(2) says:- “The national security of Kenya shall be promoted and guaranteed in accordance with the following principles – (a) National security is subject to the authority of this Constitution and Parliament; (b) National security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms; (c) in performing their functions and exercise their powers, national security organs shall respect the diverse culture of the communities within Kenya; and (d) recruitment by the national security organs shall reflect --- ” This is what Sen. Sang was saying. “--- the diversity of the Kenyan people in equitable proportions.” Mr. Temporary Speaker, Sir, when there was a conflict along our border with Nandi County, and Sen. Sang and I intervened, we found that the security force that was brought there could definitely not promote peace. This is because it was, as Sen. (Dr.) Khalwale said earlier, composed largely and unashamedly of only one or two communities, going to an area where community sentiments had already led to the breakdown of peace. So, first and foremost, since we know that our history has been bedeviled by ethnic conflict, let us begin by correcting the iniquities in our security system by implementing Article 238(d) of our Constitution. This country, as the Constitution says, is a multi-party, democratic society where diversity of cultures and peoples are actually a positive element in the mosaic – cultural, political and economic – of this country than a curse. That, when the security organs do not play their role, first in their composition and then in their action, they not only abrogate the Constitution and go against it, they do not help beat insecurity in this country. That is why however hard Mr. Kaparo and his Commission work, he cannot be the person responsible to create peace along borders like ours when it breaks down. The first line of action of creating peace is for the security organs of this nation to respect and implement the constitutional provisions. The person charged with ensuring that that is done by the Constitution is the President of this Republic. The buck stops with him. The second institution charged with this responsibility is the Cabinet Secretary, acting as an executive according to this Constitution. Therefore, when we debate matters of peace – I am glad Sen. Elachi has brought this amendment – we must enlarge the problem of peace building to security building and prevention of insecurity. This is because when there is no peace, there is insecurity. The flip side of the non-existence of peace is insecurity. 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"
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