Bill sets standards for deploying police guards

• The Constitutional Office Holders (Security) Bill, 2012 provides for police guards during service and after the officials complete their terms.
• Officers in sixteen constitutional offices will have one or two police guards during their tenure and for three years after they cease to hold office.
• Should it become law, the speakers of the National Assembly and the Senate, their deputies, the Chief Justice and deputy, judges, the Director of Public Prosecutions and the Attorney-General will be entitled to two armed bodyguards. This will be extended to three years into retirement.
• However, only constitutional office holders who shall have served their full term in office will be entitled to the three year security.

Parliament is moving to regularise use of police officers as guards for constitutional office holders, ending an informal arrangement that has persisted for years.

The Constitutional Office Holders (Security) Bill, 2012 provides for police guards during service and after the officials complete their terms.

Officers in sixteen constitutional offices will have one or two police guards during their tenure and for three years after they cease to hold office.

However, only constitutional office holders who shall have served their full term in office will be entitled to the three year security.

The Departmental Committee on Administration and National Security chairman Fred Kapondi said the office bearers have all along been accorded security but in loose arrangements.

“What the MP for Kilgoris (the sponsor of the Bill) is doing is to entrench in law what has been done over the years administratively,” said Mr Kapondi.

He told Business Daily the Bill aims at putting in place a clear legal framework on the deployment of security personnel to officers recognised by the Constitution.

Should it become law, the speakers of the National Assembly and the Senate, their deputies, the Chief Justice and deputy, judges, the Director of Public Prosecutions and the Attorney-General will be entitled to two armed bodyguards. This will be extended to three years into retirement.

The private member’s Bill sponsored by Gideon Konchella of Kilgoris entitles commission chairmen, members and secretaries, the Clerk of the National Assembly and the Senate, the Controller of Budget and the Auditor-General one security officer each.

On ceasing to hold office, the speakers of the National Assembly and the Senate, the Chief Justice, the Director of Public Prosecutions and the Attorney General will be entitled to two security officers each for a period of three years.

Deputy speakers and clerks of the bicameral parliament, the deputy Chief Justice and judges will get one bodyguard each for three years.

“The Cabinet Secretary shall, in consultation with the Inspector-General of the National Police Service, provide personal security arrangements …to the constitutional office holders,” the Bill states.

“Notwithstanding Sections 3 and 4, the Cabinet Secretary may, where circumstances so require, provide additional personal security arrangements to a constitutional office holder during the constitutional holder’s term of office or after the constitutional office holder’s term of office,” the Bill adds.

Mr Konchella says that the legislation would provide certainty on the security entitlements and avoid a situation where such officers are at the mercy of the Executive.

He argued the Constitution vests enormous responsibilities on the officials which could compromise the personal security of the office holders.