12 Nov 2013 in National Assembly:
Yes, it is, hon. Temporary Deputy Speaker. This is because the hon. Member is saying that this amendment Bill does not contravene any Article of the Constitution or does not in any way contravene the mandate of any other officer as established by the Constitution.
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12 Nov 2013 in National Assembly:
Hon. Temporary Deputy Speaker, my bone of contention is that there is still a serious contravention of the Constitution. The Committee has attempted to cure this contravention by removing the Cabinet Secretary from playing the role of human resource related matters but there is still a serious issue in so far as the exercise of disciplinary control is concerned.
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12 Nov 2013 in National Assembly:
Article 246 of the Constitution---
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12 Nov 2013 in National Assembly:
Much obliged, hon. Temporary Deputy Speaker.
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12 Nov 2013 in National Assembly:
On a point of order, hon. Temporary Deputy Speaker. I rise under Standing Order No.47(3)(b) which I am sure most Members are conversant with and I do not need to belabor the point. The Constitution under Article 246 expressly gives the Police Service Commission the mandate to exercise disciplinary control, remove persons holding or acting in offices within the service, and perform any other functions prescribed by national legislation. The gist of my argument is that if you look at this amendment Bill, it purports to re-define the meaning of “disciplinary control”, which is totally against the provisions of Article ...
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12 Nov 2013 in National Assembly:
The Constitution does not envisage a situation where the Commission shall only sit there and wait for the Inspector General to take action and then purport to review or ratify or rubber stamp, to use a better term. The mandate of the Commission in so far as exercising disciplinary control over the National Police Service is express. It is very clear under Article 246 of the Constitution. Therefore, any Bill that purports to redistribute these functions and mandate to other bodies and persons is unconstitutional and, therefore, null and void. If you look at the National Police Service (Amendment) Bill, ...
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12 Nov 2013 in National Assembly:
purports to give the Inspector General power to exercise command over the National Police Service and lawfully administer, control and manage. The upshot of all this is that instead of furthering the objective of police reforms, which is a matter that we have no choice over, it is redistributing the mandate.
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12 Nov 2013 in National Assembly:
If you look at the last report, one of the issues that we have had to contend with in this country is a rogue police force. Therefore, these Bills are supposed to further the objective of police reforms. For a long time, this country has suffered under a police force that was not responsive to the needs of the people. What we are seeing now is basicallly trying to roll back the gains we have made over the last few years. This Bill as currently drafted cannot be left to pass because by so doing, we shall be obviously sanctioning ...
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12 Nov 2013 in National Assembly:
It is my considered view that under Standing Order No.47(3)(b), the Speaker needs to take his time and look at this matter and give a considered ruling before we can proceed.
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6 Nov 2013 in National Assembly:
Hon. Speaker, Sir, I rise to propose an amendment to the report as tabled before this House by the two Committees on Lands and Delegated Legislation. The proposed amendment is such that I would like to introduce an additional recommendation after the last recommendation on page 12 of the report that the Cabinet Secretary for Lands, Housing and Urban Develoment, hon. Charity Kaluki Ngilu, should take full responsibility for the unconstitutional, illegal, irregular and unprocedural acts of creating offices and making arbitrary appointments, promotions and transfers of staff in the Ministry, and further that hon. Ngilu should be held to ...
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