13 Nov 2013 in National Assembly:
Hon. Deputy Speaker, I want to go on record--- I can tell you that if we go ahead and pass this Bill as it is, the second day after passing it somebody will go to court and the court will find that this Bill is unconstitutional. This House cannot act in vain. We have got all the time to look at this matter and I want to plead with you to stop this debate, go ponder over it and make a considered ruling on the issues I am raising; that is very clear under Standing Order No.47; the discretion I ...
view
13 Nov 2013 in National Assembly:
Hon. Deputy Speaker, it is important that we do not introduce dictatorship through a police force that is going to be answerable to nobody other than themselves and one person in State House, perhaps. The police service must be accountable to the people and the only avenue for doing that is through accountability to the National Police Service Commission.
view
13 Nov 2013 in National Assembly:
Thank you, for reminding me. Hon. Temporary Deputy Speaker, the upshot of all these is that whereas I agree largely with the contents of the Bill, I want us to ensure that we protect the independence of the Media Council at all costs by not giving any little room for the Executive, through the Cabinet Secretary, to interfere with the running of the Media Council. I support.
view
13 Nov 2013 in National Assembly:
Hon. Deputy Speaker, I really respect my friend hon. Kamama; but the same CIC he is talking about approved the Bill in its original form and now the Committee has established that there were provisions in that Bill which were against the Constitution, and which they are proposing to amend during the Committee Stage. The Committee is saying in its report that there are certain sections of the Bill which are against the Constitution, particularly in the area giving the Cabinet Secretary power to direct the Commission on the issues of human resource management. The CIC was there when the ...
view
13 Nov 2013 in National Assembly:
Hon. Deputy Speaker, it is important because the disciplinary control powers have been used over the years to frustrate the National Police Service and hardworking officers. Currently, what is happening in the country is because of low morale in the police force at the lower level; that low morale is because of the systematic bad actions of the Police Commissioner before and now the Inspector General. They have exercised powers in a manner that does not serve the interests of the people but that satisfies their own interest and, perhaps, those of a small clique of people.
view
13 Nov 2013 in National Assembly:
I accept a point of information from hon. Ochieng.
view
13 Nov 2013 in National Assembly:
On a point of order, hon. Temporary Deputy Speaker. Indeed, the issue raised by hon. Langat is weighty. I would want to ask the Chair if we are so much in a hurry, that we cannot put things right before we can embark on debating this Bill. Initially, I had serious misgivings, but given the guidance I was given by the Deputy Speaker, I agreed to move on. In my view, and more so in view of the fact that it is clear that the report is referring to two Bills, namely, the National Police Service Commission Bill and The ...
view
12 Nov 2013 in National Assembly:
On a point of order, hon. Temporary Deputy Speaker. I need some direction from you. When these Bills were first tabled on the Floor of this House for the First Reading sometime in July this year a number of issues were raised touching on their constitutionality.
view
12 Nov 2013 in National Assembly:
The substantive Deputy Speaker did make a considered ruling in September when the Second Reading commenced. In that ruling, the Deputy Speaker also gave direction that a Member of this House could as well raise similar issues at any stage during the Second Reading.
view
12 Nov 2013 in National Assembly:
I accordingly have some issues to raise concerning the constitutionality of the National Police Service Commission (Amendment) Bill. However my worry is, should I go ahead and prosecute them in the absence of the substantive Deputy Speaker?
view