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{
    "id": 861318,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/861318/?format=api",
    "text_counter": 189,
    "type": "speech",
    "speaker_name": "Sen. Khaniri",
    "speaker_title": "",
    "speaker": {
        "id": 171,
        "legal_name": "George Munyasa Khaniri",
        "slug": "george-khaniri"
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    "content": "unified structure modeled on the administrative structure of governance that recognizes devolution. Devolution should be the way to go and by setting up a recognized enforcement structure in the counties, law enforcement and security will be better managed by the counties. At this point, allow me to take the Senators to other jurisdictions in the world and give a brief comparative analysis. In the United States of America (USA), an elected official known as ‘the Sheriff’ is in charge of enforcing the law in a county or town. The role of Sheriff’s offices varies considerably from state to state and county to county. The Sheriff’s Office Law Enforcement Operation Branch is responsible for providing primary law enforcement services. These services include sheriff patrols, detective services, court security, civil processes and law enforcement records functions. It is, however, important to note that their responsibility of law enforcement in the USA is elected, although he serves under the Governor who is supposed to ensure procedural and proper execution of the laws. Generally in the USA, there are federal law enforcement agencies, state law enforcement agencies, county law enforcement agencies and municipal police departments. The above system is not any different in the United Kingdom (UK), Canada and Australia jurisdictions which share the English traditions of the sheriff. It is, therefore, worth noting that all these jurisdictions have special law enforcement agencies for their devolved units. However, in some instances, the local law enforcement agencies are in the form of devolved police powers where each county and state has its own police services, which is a departure from the Kenyan situation. This reiterates my earlier call on police devolution, which should be the way to go by setting up and recognising enforcement structures in the counties to complement what this Bill is seeking to establish. In South Africa, they have the municipal police. This is a separate police force maintained by some municipalities for law enforcement. Municipal police forces are responsible for traffic policing and enforcing local bylaws within the municipality. They work in cooperation with the South African Police Service to prevent crime and maintain public order. Municipal police forces exist in a number of major South African cities, including Cape Town and Johannesburg. It is worth noting that Section 206 of the Constitution of South Africa provides that national legislation must provide a framework for the establishment, powers, functions and control of municipal police services. This is what we are seeking to do here so that we have national legislation that will form the legal framework under which various counties will form their units. The point of departure with our Kenyan situation is that the South African Police Service Amendment Act 1998 allows municipalities to apply to the government of the relevant province for permission to establish a municipal police service. The Provincial Minister of Safety and Security may approve the application after consultation with the National Commissioner of the South African Police Service. Mr. Speaker, Sir, the powers and responsibilities of South African Municipal Police are more restricted than those of those of the South African Police Service. The three statutory functions of the municipal police services are traffic policing, enforcement 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."
}