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"id": 1554492,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1554492/?format=api",
"text_counter": 346,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
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"content": " Order, Hon. Murugara. This is a broad-based government; there is no minority or majority."
},
{
"id": 1554493,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1554493/?format=api",
"text_counter": 347,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Laughter)"
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{
"id": 1554494,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1554494/?format=api",
"text_counter": 348,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": " I thought the positions were retained."
},
{
"id": 1554495,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1554495/?format=api",
"text_counter": 349,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
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"content": " No. Still, we do not have a clear guidance. Parliamentary business will be transacted on the divide of the minority or the majority under the broad-based government. You may continue."
},
{
"id": 1554496,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1554496/?format=api",
"text_counter": 350,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I agree that we are in a state of confusion. That notwithstanding, the Majority Whip has effectively moved the Second Reading of this Bill. This Bill is very important to our economy and the financial transactions of the country because we are part of the international community, which has placed certain obligations on us to ensure that our financial dealings are clean and meet the required international standards. This way, we can avoid being accused of the behaviours typical of lawless mafia states, which do not know how to conduct their business. The Anti-Money Laundering Bill is essential for the country, and this is why JLAC took considerable time to review it. We burnt the midnight oil to examine the entire Bill thoroughly. We aimed to identify what needs to be addressed in the various statutes being amended by this Bill. We tabled a report here yesterday. Each Member should obtain a copy and go through it to understand the proposed amendments fully. It is important to point out that we conducted thorough public participation. Various stakeholders appeared before us and made presentations, which were captured in the Report before the House. We will give a summary of what the Bill is all about because it seeks to amend ten Acts of Parliament which relate to anti-money laundering, combating of terrorism financing and the proliferation Acts regarding monies coming to the country, the deficiencies we have in the Kenyan laws, and what needs to be amended and addressed as a matter of urgency. We know very well that money laundering is an international crime. It is frowned upon and punished by countries when it is detected. You also know that this country does not condone, in any way or support, any acts of terrorism. Kenya forms one of the leading States in ensuring that we do not have any terrorist activities in the country and proliferation acts, which means illegal arms coming into the country for illegal purposes against the good The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1554497,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1554497/?format=api",
"text_counter": 351,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": "Government and Kenyans. We have set out the ten statutes that are sought to be amended. This is clearly in the Report on page 10, which the Members may look at. It is also important to go through each of these laws, as the Whip of the Majority Party has stated. The Proceeds of Crime and Anti-Money Laundering Act in our country is enforced through the Assets Recovery Agency, which tries to recover proceeds of crime and money laundering. Once they are recovered, they are given to the State. We have the Prevention of Terrorism Act, which deals with all the terrorism laws in the country. This is where we have to make certain amendments to ensure we combat terrorism as required. We have the Betting, Lotteries, and Gaming Act, which is another important Act. If it is not carefully scrutinised and used properly, money will be laundered through betting, lotteries and gaming because this is an easier way of covering tracts of how you get money and how you use it. It is easier to clean it through most of them. We have the Retirement Benefits Act, which is an investment fund. Money can be laundered through it because not many questions will be asked because it is purely for retiring people and the benefits they get. The Mining Act is interesting because this is where people come into the country under the pretext of mining or prospecting for minerals, only for them to turn around to laundering money in precious stones, including gemstones, gold and other minerals available, and some of which are not available. You hear interesting stories about large quantities of gold being shipped through our airports, not knowing exactly where it is coming from. This is part of the syndicate on money laundering. It goes all the way to the Non-Governmental Organisations (NGOs) Act, which is now renamed the Public Benefits Organisation Act, No.18 of 2013. NGOs bring money into the country through certain exemptions only to find that some of it is illegal. It is being proliferated into the country through illegal means. We have to look at this. We conducted public participation and analysed exactly what each agency told us. This is very important because some of these legislations are sometimes challenged in Court for various reasons. Most of what comes out is whether there was adequate public participation. We believe we have actually done this. Therefore, this takes us to the Committee recommendations and observations, where we have made certain further amendments. They are contained in the schedule to the Report. These further amendments are required in the various acts to strengthen the operation of anti-money laundering laws in the country. Those amendments are proposed especially for the Proceeds of Crime and Anti-money Laundering Act, the Mining Act itself, where we have agreed the proposals made and the Estate Agents Act is also proposed. We received further proposals on what is to be amended. However, having carefully analysed them, we were of the view that it was falling beyond the mandate of this Bill, which has been introduced to amend ten statutes. So, some of those proposed amendments, especially by the Law Society of Kenya, were going into other statutes which are not part of this Bill. Our observation, including many others received from different quarters, is that we should prepare a Statute Miscellaneous Amendment Bill to bring all those proposals together and see whether they can go through the House. Having analysed this Bill, it is a very important Bill. I urge the House to adopt the same. With those remarks, I beg to second."
},
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"id": 1554498,
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"text_counter": 352,
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"speaker_title": "",
"speaker": null,
"content": "(Question proposed)"
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"id": 1554499,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1554499/?format=api",
"text_counter": 353,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
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"content": " Hon. Kaluma"
},
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"id": 1554500,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1554500/?format=api",
"text_counter": 354,
"type": "speech",
"speaker_name": "Homa Bay Town, ODM",
"speaker_title": "Hon. Peter Kaluma",
"speaker": null,
"content": " Thank you, Temporary Speaker. I stand to oppose this Bill with clarity. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1554501,
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"text_counter": 355,
"type": "speech",
"speaker_name": "Homa Bay Town, ODM",
"speaker_title": "Hon. Peter Kaluma",
"speaker": null,
"content": "I have been in this House for 13 years now. In my life in this House, I have never met a Bill so dangerous and capable of taking the rights of the people under the Constitution. We have been applauded as the country with the richest Bill of Rights possibly in the world. It is very rich. This Bill can sweep those rights by the mere fiat of an individual. This Bill is said to be making amendments to the Proceeds of Crimes and Anti-Money Laundering Act, the Prevention of Terrorism Act, the Betting, Lotteries and Gaming Act, the Retirement Benefits Act, the Mining Act, the Saccos Societies Act, the Accountants Act, the Estate Agents Act, the Certified Public Secretaries of Kenya Act and the Public Benefit Organisations Act. When we look at the law on anti-terrorism, these are not the sectors and the professions this Bill seeks to deal with. In fact, this Bill cuts across all sectors of our society and all professions. So, this is a composite Bill that goes beyond what is mentioned here. If we look at these provisions, we will see that similar provisions are being replicated in terms of all the statutes being amended. There is nothing new; they are the same. These provisions vest very wide powers on the self-regulatory authorities, on the bodies established by those various statutes to regulate the sectors and on their financial reporting agencies. Hon. Temporary Speaker, let me give an example. When you go to Page 77 of the Bill, dealing with the matter of the Prevention of Terrorism Act, the regulation-making authority is being empowered here to make regulations that can cause a person to be imprisoned for a term not exceeding ten years or to a fine of up to Ksh20 million. It may look lawful on the face of it, but under Article 94 of the Constitution, the legislative authority of the State is vested in this House. Therefore, whenever we come up with regulations, they are under the exercise of the delegated powers of this House. How can you give anybody the power to sanction an individual or an entity in the Republic of Kenya by way of punishment up to this extent without prior reference to this House? I know what the Statutory Instruments Act says. However, if we want to create such penalty regimes through regulations, we must amend this provision to say, ''subject to prior Parliamentary approval.'' Without that, this must be opposed. Secondly, there is not much clarity regarding bodies being sanctioned. We do not want to create a situation, and I am saying this because terrorism is a very serious thing. Money laundering is a very serious thing because it feeds into terrorism financing and distorts the economy and the criminal justice process, and it has to be fought. However, we must be careful not to allow laws with such drastic consequences to be left at the liberty of the Executive in terms of defining sanctions and whether a person is committing an offence or not. I am concerned that the definitions here are very broad. In terms of application, a person can just come to you..."
}
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