James Opiyo Wandayi

All parliamentary appearances

Entries 1251 to 1260 of 1604.

• 12 Feb 2014 in National Assembly: For the benefit of Members, Article 246(3)(b) talks about the National Police Service Commission having powers vested in it and removal persons holding or acting in office within the Service. The new Section 8A is attempting to redefine the meaning of independent command of the Inspector-General as envisaged under Article 245 to include matters to do with disciplinary control. That is definitely unconstitutional and, of course, I will be opposing this Bill in totality. Hon. Speaker, the second issue is on the matter of hiring of the Inspector-General. It is very clear under Article 246(3) that the National Police Service ... view
• 12 Feb 2014 in National Assembly: Hon. Speaker, that is the danger of reading a section of the Constitution in isolation. If you read that particular section of the Constitution together with Article 246(3)(a) you will come to the realisation that the President is not supposed to initiate the process of appointment of the IG. He can only do so on the recommendation of the National Police Service. He can only pick persons already nominated by the Commission. He cannot initiate the process and, therefore, I am trying to reinforce this by quoting certain Articles of the Constitution where the President--- view
• 12 Feb 2014 in National Assembly: I am more than, hon. Speaker. It is very interesting that the hon. Pukose can fail to understand the fact that the IG is an officer. In fact he holds office in the Service and, therefore, he is properly covered by this particular Article. Therefore, the Commission is the right organ and institution to initiate his appointment. view
• 12 Feb 2014 in National Assembly: Yes, I will proceed, hon. Speaker. view
• 12 Feb 2014 in National Assembly: Just to conclude on that particular aspect, let me read that particular section of the Constitution. Article 245(2)(a) reads: view
• 12 Feb 2014 in National Assembly: “The Inspector-General – (a) is appointed by the President with the approval of Parliament.” What this Article envisages is that the President shall make the formal appointment upon approval of this House, which will be subsequent to nomination by the National Police Service Commission. view
• 12 Feb 2014 in National Assembly: Hon. Speaker, if you read this Bill at Clause 12(2) it talks of: “The President shall nominate a person for appointment as IG.” The Constitution does not talk about nominating and if the Constitution--- view
• 12 Feb 2014 in National Assembly: Hon. Speaker, I think I have made my point on that matter. view
• 12 Feb 2014 in National Assembly: Hon. Speaker, I want to conclude; it is very clear and I stand by what I have been saying all along, that unless the Constitution is amended this Bill, as currently formulated, is contrary to the letter and spirit of the Constitution. view
• 12 Feb 2014 in National Assembly: Hon. Speaker, the final point is on matters to do with Human Resource (HR). It is very clear that the Constitution only empowers the Commission to act independently, without reference to any particular person or authority. This Bill is implying that for the Commission to address certain HR matters, the Cabinet Secretary will have to be consulted. That again is against the Constitution. view