Kibaki signs six Bills into law

Kibaki signs six Bills into law Written By:PPS,    Posted: Mon, Aug 27, 2012

The Bills were the last to be passed by the 10th Parliament as outlined in the Constitution President Mwai Kibaki Monday signed into law the last of the Bills required to have been enacted two years after promulgation of the Constitution. These were the last Bills that were to be passed by the 10th Parliament as outlined in the Constitution implementation schedules: The Kenya Defence Forces Bill 2012 The National Intelligence Service Bill 2012 The Leadership and Integrity Bill 2012 The National Security Council Bill 2012 The Assumption of Office of President Bill 2012 The Petitions to Parliament (procedure) Bill 2012 THE NATIONAL INTELLIGENCE SERVICE ACT, 2012 The Act deals with the composition, functions, powers and administration of the National Intelligence Service established under Article 242 of the Constitution. It provides for the Service as a disciplined civilian Service to be headed by the Director-General who shall be appointed by the President with the approval of the National Assembly, and administered together with Directors appointed by the Director-General in consultation with the Council. It also provides for additional functions of the Service in relation to national security including gathering, analysing and transmitting security intelligence to the relevant State organs, advising the President and the Government on threats to national security and making recommendations on the steps to be taken in addressing a particular security issue. Part II of the Act also provides for a scheme of service to be prescribed by the Director-General in consultation with the Public Service Commission and on the advice of the Salaries and Remuneration Commission as well as the establishment of a pension scheme and procedures for the adjudication of grievances in relation to members of the Service. Part III of the Act provides for the exercise of civilian authority through the Cabinet Secretary, pursuant to Article 239(5) of the Constitution and sets out the functions of the Cabinet Secretary in this regard. It also outlines the functions of the National Security Council which has supervisory control over the Service. The Act further outlines the rights and fundamental freedoms that are to be limited under the Act and the conditions under which such rights may be limited with respect to members of the Service and the public. These rights include the freedom of expression, political rights, the freedom of movement and residence as well as the right to privacy. The Act also outlines the procedure to be followed in the application of a warrant by the Director-General where he has reasonable grounds to believe that the warrant is necessary to investigate any threat to national security or to enable the Service perform its functions under the Act. The Act creates various offences in relation to members of the Service and also specifies the National Intelligence Service Council, Parliament and the Intelligence Service Complaints Board as oversight bodies of the Service. The Act also provides for the protection of classified information and records, the duty to co-operate with the Service and provides for extraterritorial application of the Act. It also confers powers on the National Intelligence Service Council and the Director-General to make regulations. The Act contains four schedules which deal with the use of firearms by a member of the Service, the appointment of a tribunal by the Public Service Commission to deal with the issue of removal of the Director-General, oaths or affirmations and the conduct of the business and affairs of the National Intelligence Service Council. THE NATIONAL SECURITY COUNCIL ACT, 2012 The National Security Council Act, 2012, is intended to operationalise the provisions of Article 240 of the Constitution which establishes the National Security Council. It provides for additional functions of the Council, the administration of the Council and enables it to establish committees for the better discharge or its functions under the Act. The Act provides for the appointment of a secretary from amongst the Council members as well as the establishment of a Joint Security Secretariat which is essentially responsible for the day to day administration of the affairs of the Council. In addition, the Act prohibits the disclosure by any member or staff of the Council of information which comes to his knowledge in the course of his duties, the circumstances under which the right of access to information may be limited and also provides for the classification of the documents of the Council in accordance with regulations to be made by the Council. The First and Second Schedules of the Act deal with the conduct of the affairs of the Council and the oath or affirmation by the secretary and members of staff respectively. THE LEADERSHIP AND INTEGRITY ACT, 2012 The Leadership and Integrity Act, 2012 establishes procedures and mechanisms for the effective administration of Chapter Six of the Constitution. This law sets out a General Leadership and Integrity Code to provide a guide to State officers in the performance of duties and in the conduct of private affairs. It extends the application of certain provisions to public officers. In addition, it also requires public entities to establish Specific Leadership and Integrity Codes, which, may provide for the issues that are unique to those public entities. Further, it contains provisions on how a breach of the Act and Chapter Sixof the Constitution, by a State officer, should be dealt with by the Commission or the relevant public entity and creates offences and penalties for breach. The Act contains two schedules; the First Schedule contains a Self-declaration form which should be filled and submitted by State officers seeking elective posts to the Independent Electoral and Boundaries Commission, while the Second Schedule contains a list of registrable interests. THE KENYA DEFENCE FORCES ACT, 2012 The Kenya Defence Forces Act, 2012, provides for the functions, organization and administration of the Kenya Defence Forces established under Article 241 of the Constitution. The Act also provides for the composition and administration of the Defence Council, as well as the terms and conditions of recruitment of members of the Defence Forces. The Act imposes an obligation on the Defence Forces to co-operate with other authorities in situations of emergencies, conflict or unrest and in the interest of national security and proceeds to provide for the relationship of the members of the Defence Forces when employed outside Kenya or attached to other forces or international bodies. The Act also provides for the rights and fundamental freedoms of persons who are subject to the Act which may be limited and the circumstances and manner in which such rights shall be limited. Part VI creates offences in relation to members of the Defence Forces and provides for offences that are not triable by a court martial. Offences created under this part include treachery, cowardice, desertion, disobedience of orders, insubordination as well as offences concerning court martial and other authorities. The Act also confers power on a member of the military police to arrest a person who is subject to the Act and outlines the manner in which the arrest should be carried out. The Act also deals with summary disciplinary proceedings and the charges that would apply to an accused person in this regard and also confers a right of representation on the accused. The Act operationalises the provisions of Article 169 of the Constitution relating to the court martial and the manner in which the court is to conduct its trials under the Act. Part X confers a right of appeal to the High Court and where applicable to any other superior court and outlines the manner in which this process is to be undertaken. The Act deals with the trial and punishment of persons sentenced under the Act and the manner in which the sentencing of a convicted person is to be carried out. It also deals with forfeitures and deductions, the circumstances under which billeting orders may take effect and requisitioning orders in relation to vehicles may be issued. The Act further deals with service in the defence forces as well as the commissioning of officers and enlistment of members in the Service. The Act creates offences concerning the Defence Forces in relation to persons not subject to the Act including obstruction of the military police, procuring and assisting desertion and unlawful purchase of military stores. The Schedules to the Act deal with the oath for the Chief of Kenya Defence Forces and the Commanders, the conduct of the affairs of the Council, orders for temporary confinement in civil custody, the oath of allegiance and the certificate of presumption of death. THE ASSUMPTION OF THE OFFICE OF PRESIDENT ACT, 2012 The Assumption of the Office of President Act, 2012, provides for the procedure and ceremony for the assumption of the Office of President. The Act provides for the establishment of the Assumption of Office of the President committee which is charged with the responsibility of overseeing the handing over process of the presidency from the out-going president to the president-elect. The Act imposes an obligation on the Committee to ensure that the incumbent president has adequate security and receives the necessary security briefings. It also provides for the manner in which the swearing in ceremony shall be conducted and the handing over of the instruments of power and authority to the president elect. THE PETITIONS TO PARLIAMENT (PROCEDURE) ACT, 2012 The Petitions to Parliament (Procedure) Act, 2012, was passed by the National Assembly on the 24th August, 2012. It seeks to operationalise Article 119 of the Constitution on the presentation of petitions to Parliament by the public. It provides for the form of the petition and the information to be contained in it, the procedure for the presentation and consideration of the petition to the relevant Clerk of Parliament and also imposes an obligation on the Clerk of each house to maintain a register of petitions presented to him or her.