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{
    "id": 861317,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/861317/?format=api",
    "text_counter": 188,
    "type": "speech",
    "speaker_name": "Sen. Khaniri",
    "speaker_title": "",
    "speaker": {
        "id": 171,
        "legal_name": "George Munyasa Khaniri",
        "slug": "george-khaniri"
    },
    "content": "inherited inspectorates or reinforcement departments from the previous local government authorities, especially in the case of city and municipal councils. The CoG also recognizes the need for collaboration between the national Government and the county governments in delivery of security services. From their response, the CoG confirmed that it had initiated discussions with the Ministry of Interior and Coordination of National Government, the Attorney General and stakeholders to explore ways of collaboration. The CoG concurred with the Attorney General’s advisory that there is need to establish security units at the counties, either through legislation or agreement with the national Government. The CoG, recognizing the mandate of the Senate to protect counties, affirmed its support for legislation that will streamline enforcement units in the counties. In other words, we have a strong nod - although we do not need it, since it is within our mandate - from the CoG that we must pass this legislation, so that there is a standardized legal framework for the establishment of these units. Mr. Speaker, Sir, from the Attorney General’s Office, the Attorney General indicated that Chapter 11 of the Constitution defines national security, with Article 238 outlining the principles of national security. Article 239 (1) outlines the organs that undertake national security, which are the Kenya Defence Forces (KDF), the National Intelligence Service (NIS) and the National Police Service (NPS). However, it is important to note that the Bill does not seek to create an organ that provides national security. The Attorney General pointed out that the NPS is under the national Government as per the Fourth Schedule of our Constitution, 2010. Further, Article 239 (4) states: “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.” This prohibition applies to county governments too. Therefore, they have no powers to establish these units on their own, unless we pass this legislation. The Attorney General further intimated that Article 247 of the Constitution grants Parliament powers to enact legislation, establishing other police services which must be under supervision of the NPS and the command of the Inspector General of the Police. I wish to draw the attention of this House to other disciplined forces that have been established according to Article 247 of the Constitution. These are: The Kenya Forests Service (KFS), the Kenya Wildlife Service (KWS), the Kenya Prisons Service (KPS) and the Kenya National Youth Service (KNYS). However, all these units are administratively placed under the command of the Inspector General of Police through the amendment of the Executive Order No.2 of 2013. Mr. Speaker, Sir, while in the long run it will be necessary to consider sharing of the national security function between the national Government and county governments as envisaged under Article 187 of the Constitution, this Bill if enacted will help tackle some emerging safety and security concerns in the counties and complement police efforts. At this point, I wish to acknowledge the ongoing police reforms that were launched by His Excellency the President on 13th September, 2018 and appreciate the The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}