12 Oct 2016 in National Assembly:
Hon. Temporary Deputy Chairman, I spoke to this in the previous clause erroneously but I just want to say that the justification for the amendment that we brought to Clause 11(6) is, it seeks to give the President powers to extend the term of office of the Chief of Defence Forces, the Vice-Chief of Defence Forces and service commanders by a period not exceeding one year. However, the amendment, as it presently is in the Bill, may arguably inhibit upward mobility. The concept of preservation of institutional memory is likely to be abused. The proposed amendment that we are moving ...
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12 Oct 2016 in National Assembly:
circumstances. I do not wish to preempt debate, but war is clearly defined in the Constitution and the Kenya Defence Forces Act. It is there for anyone who has gone beyond Form Four.
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12 Oct 2016 in National Assembly:
So, emergency will be in situations where there is a massive natural disaster that requires that the Defence Forces are deployed to support civilian authority. In the event of massive civilian unrest, the Defence Forces are called out to support the civilian authority. Other extraneous security circumstances can also be defined not only by the Departmental Committee on Defence and Foreign Relations, but the whole House or the plenary. I do not think there is any risk or ambiguity as to what these definitions would apply. Therefore, the qualifications that the Committee has brought to limit the extension of the ...
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12 Oct 2016 in National Assembly:
Hon. Temporary Deputy Chairman, without denying my brothers the opportunity to use all the English words they know, I am not opposed to their proposal. In the spirit of bipartisanship, Hon. Mishi Mboko, I thank you for supporting. We are not opposed to removing the last four words. The proposed amendment seeks to ensure that extension of the terms of the Chief of Defence Forces, the Vice-Chief of Defence Forces and the Service Commanders is only done in times of war or emergency. Hon. Mishi, are we okay?
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12 Oct 2016 in National Assembly:
Hon. Temporary Deputy Chairman, allow me to amend my proposed amendment on the Floor.
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12 Oct 2016 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 11 of the Bill be amended by inserting the words “in times of war or emergency” immediately after the words “one year".
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12 Oct 2016 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move: - THAT, Clause 13 of the Bill be amended by inserting the following new paragraph (d)—
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12 Oct 2016 in National Assembly:
“(d) expenditure incurred or expected to be incurred. The justification of the amendment by the Committee is that, as it was in the original amendment Bill, it removes the need for the CS to inform the National Assembly where the Defence Forces are deployed. It also removes the need for the CS) to inform the National Assembly on the expenditure incurred or expected to be incurred. This, of course, is a violation of Article 201 of the Constitution which outlines openness and accountability as one of the guiding principles in financial matters. The proposed amendment seeks to include expenditure expected ...
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12 Oct 2016 in National Assembly:
adhered to in accordance with Article 201 of the Constitution, which was not the case in the original Bill which we are now seeking to amend.
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12 Oct 2016 in National Assembly:
Hon. Kaluma, that is clear. I hope you get me. That is the position.
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