Abdikadir Mohammed was elected MP for the Mandera Central Constituency in 2007. A Harvard Law School graduate, he heads the Parliamentary Select Committee on Constitutional Reform
24 Aug 2012 in National Assembly:
Madam Temporary Deputy Speaker, Sir, I thought that, that is the whole point why we are indemnifying them. If it is lawful, they do not need to be indemnified. They have acted within the law. It is where, maybe, they might have transgressed, but in good faith, that we are saying they are covered. Madam Temporary Deputy Chairlady, can I move the second one?
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24 Aug 2012 in National Assembly:
Madam Temporary Deputy Chairlady, I beg to move:- THAT, sub-clause (2) of Clause 78 be deleted. Madam Temporary Deputy Chairlady, let me read sub-clause (2). This is where the Service is being shielded for appearing in Commissions of Inquiry and giving information. It says:- “(2) Except as otherwise provided under this Act or by an order of the High Court, the Director-General or any member of the Service shall not be compelled in any proceedings in a court, tribunal or commission of inquiry to produce any document or to divulge or communicate any matter or thing relating to the exercise ...
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24 Aug 2012 in National Assembly:
Madam Temporary Deputy Chairlady, I beg to move:- THAT, sub-clause (2) of Clause 78 be deleted. Madam Temporary Deputy Chairlady, let me read sub-clause (2). This is where the Service is being shielded for appearing in Commissions of Inquiry and giving information. It says:- “(2) Except as otherwise provided under this Act or by an order of the High Court, the Director-General or any member of the Service shall not be compelled in any proceedings in a court, tribunal or commission of inquiry to produce any document or to divulge or communicate any matter or thing relating to the exercise ...
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24 Aug 2012 in National Assembly:
Madam Temporary Deputy Chairlady, I beg to move:- THAT clause 79 be amended by deleting sub-clauses (3), (4), (5) and (6). If you look at those sections, for example, sub-clause 3 says that it shall be the duty of every State organ, State department, or agency or public entity that receives intelligence from the Service to comply with it or otherwise utilize such intelligence. This gives this institution oversight over how its services are utilized by other institutions. These other institutions like the Kenya Defence Forces are intelligence services. The President might decide not to utilize that information and use ...
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24 Aug 2012 in National Assembly:
Madam Temporary Deputy Chairlady, I beg to move:- THAT clause 79 be amended by deleting sub-clauses (3), (4), (5) and (6). If you look at those sections, for example, sub-clause 3 says that it shall be the duty of every State organ, State department, or agency or public entity that receives intelligence from the Service to comply with it or otherwise utilize such intelligence. This gives this institution oversight over how its services are utilized by other institutions. These other institutions like the Kenya Defence Forces are intelligence services. The President might decide not to utilize that information and use ...
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24 Aug 2012 in National Assembly:
Madam Temporary Deputy Chair, to try and calm those Members who feel that we are removing everything, Clause 79(1) still remains, which says that:- “It shall be the duty of every person, State organ, State Department or agency or public entity to afford the service, the co-operation and assistance necessary to enable it perform its functions under the Constitution, this Act or any other written law”. So, once you have that and obviously information comes, in the event that that has not happened, it is then up to the other organs; the policy organs, namely, the National Security and Intelligence ...
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24 Aug 2012 in National Assembly:
Madam Temporary Deputy Chair, to try and calm those Members who feel that we are removing everything, Clause 79(1) still remains, which says that:- “It shall be the duty of every person, State organ, State Department or agency or public entity to afford the service, the co-operation and assistance necessary to enable it perform its functions under the Constitution, this Act or any other written law”. So, once you have that and obviously information comes, in the event that that has not happened, it is then up to the other organs; the policy organs, namely, the National Security and Intelligence ...
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23 Aug 2012 in National Assembly:
Mr. Temporary Deputy Chairman, I also join my colleague in supporting this new clause. It is, indeed, very instructive that is coming from the Committee. Indeed, in many old democracies, this issue is coming out now. It is very important that it comes out especially now that our Defence Forces are active in foreign countries, so that they uphold the values of our new Constitution. They should also uphold the respect that the members of the Defence Forces are expected to uphold. I support the Committee.
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23 Aug 2012 in National Assembly:
Mr. Temporary Deputy Chairman, I also join my colleague in supporting this new clause. It is, indeed, very instructive that is coming from the Committee. Indeed, in many old democracies, this issue is coming out now. It is very important that it comes out especially now that our Defence Forces are active in foreign countries, so that they uphold the values of our new Constitution. They should also uphold the respect that the members of the Defence Forces are expected to uphold. I support the Committee.
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23 Aug 2012 in National Assembly:
Mr. Temporary Deputy Chairman, I also join my colleague in supporting this new clause. It is, indeed, very instructive that is coming from the Committee. Indeed, in many old democracies, this issue is coming out now. It is very important that it comes out especially now that our Defence Forces are active in foreign countries, so that they uphold the values of our new Constitution. They should also uphold the respect that the members of the Defence Forces are expected to uphold. I support the Committee.
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