13 Nov 2013 in National Assembly:
Security is a serious issue and hon. Waiganjo has said an important thing that when you are dealing with security apparatus and the manner in which they should be governed, we should be very bipartisan, we should be very sober and we should be thoughtful about it.
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13 Nov 2013 in National Assembly:
I want to take the House to the proposed Clause 3 and see what is being proposed to be added. Before I take the House through the various provisions of the Bill, may I confirm what the Constitution says under Article 246. Remember the composition of the National Police Service Commission. The Inspector General is already a member of that commission. His two deputies are also members of that commission. Among the other members is a person who qualifies to be a High Court judge. You also have two senior police officers who have retired.
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13 Nov 2013 in National Assembly:
Look at the composition. Even by the composition of the commission alone you want to ask why somebody can sit somewhere and imagine the Inspector General should be having some gigantic powers over the commission. There is a good thing that is being said in terms of the mandate of the commission under Article 246(3). The commission deals with recruitment, appointment, confirmation of appointment, transfers and others. I believe that I know because we all read newspapers. We know what is happening within State security apparatus even as we speak here.
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13 Nov 2013 in National Assembly:
Even before this Bill has passed, look at the changes already made in the Police Force by the Inspector General. There was a complaint in the media though we should not quote it in this House, that the Police Force is being tribalised at a very quick rate despite these provisions. This is the wisdom that the nation and the people of Kenya had in saying that the idea of recruiting people to the force will be a mandate not of one individual; the idea of transferring officers within the force will be a mandate not of an individual. The ...
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13 Nov 2013 in National Assembly:
Hon. Temporary Deputy Speaker, I have my background in law as, indeed, most of us do have. However, the Constitution says that the issue of disciplinary control is a matter for the National Police Service Commission. Can anyone by dint of a statute or an Act of Parliament seek to define what that disciplinary control is so that we are essentially seeking to limit what the Constitution has already given, being aware of what The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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13 Nov 2013 in National Assembly:
it is we are seeking to limit by a statute or an Act of Parliament? Where will it be sustained? It cannot be sustained.
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13 Nov 2013 in National Assembly:
Look at the changes that are proposed under Clause 4 to the current Section 10 which deals with the functions of the commission under the Constitution. Why would a person, for instance, seek to remove a provision like Section 10(1)(k) because this provision gives the commission the power to investigate, monitor and evaluate the organization, the administration and the personnel services of the Service? Why would a person not want the commission whose mandate it is to superintend the Police Service not to have views on how the organizational structure and the administration of the police is performing?
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13 Nov 2013 in National Assembly:
Look at the proposed amendment to Section 10(1)(k) which essentially says that the commission shall hear and determine appeals from members of the Service. Where do these members of the Service go to if the commission cannot deal with this matter?
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13 Nov 2013 in National Assembly:
There was a proposed amendment to Paragraph L. How will the commission act if you remove all these powers from them? It may be a beautiful thing and I say this with a heavy heart. Let me clarify that this Bill, using a softer language, seeks to address issues which we do not need as a nation.
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13 Nov 2013 in National Assembly:
We are engaging our time inventing ways in which we can reverse what the Constitution very clearly stipulates. I will look at this Bill in a very bipartisan way. There is nothing we are doing other than disabling the commission and seeking to transfer powers properly given to a commission where the Inspector General himself sits to the Inspector General alone.
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