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"id": 1568742,
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"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
"speaker": null,
"content": "THAT, Clause 16 of the Bill be amended by- a) Inserting the following new subclause after subclause (3)- “(3A) Where a public officer has knowledge that a family member or a relative has accepted a gift or favour under subsection (1), 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."
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{
"id": 1568743,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568743/?format=api",
"text_counter": 201,
"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
"speaker": null,
"content": "the public officer shall, within forty-eight hours of such knowledge, or, if not on duty, within forty-eight hours of resumption of duty, make a declaration of the acceptance, giving sufficient details of the nature of the gift or favour accepted, the donor and the circumstances under which it was accepted for purposes of assessment of potential conflict of interest.” b) deleting subclause (4) and substituting therefor the following new subclause- “(4) A person who contravenes this section commits an offence.” This House, in our wisdom, created this proviso. I may not know, for instance, that Mzee Ichung’wah in Kikuyu might be receiving a goat from a neighbour. If I do not go to my father's house today or tomorrow within 48 hours and since my father is my relative, I could be construed to be in conflict of interest because my father or a relative received a gift that may be construed to be on my behalf, and I do not report it within 48 hours. However, as I have said, many of us and judicial officers work in places away from many of our relatives. Our relatives in the village may probably receive gifts when you are a judge or magistrate. If you are a judge or magistrate, you must be very careful. If your grandfather in the village receives a gift from somebody who has a matter before you or a matter in court it may be construed to be conflict of interest. Therefore, that is what the House had sought to clarify. But, again, in the wisdom of the Ethics and Anti-Corruption Commission (EACC) and His Excellency the President, they think we should bring that back. You will now contravene this section and be committing an offence if you do not make that declaration."
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"id": 1568744,
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"speaker": null,
"content": "(Question of the amendment proposed)"
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"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568745/?format=api",
"text_counter": 203,
"type": "speech",
"speaker_name": "Suna East, ODM",
"speaker_title": "Hon. Junet Mohamed",
"speaker": null,
"content": " On a point of order, Hon. Chairlady."
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"id": 1568746,
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"text_counter": 204,
"type": "speech",
"speaker_name": "Hon. Chairlady",
"speaker_title": "",
"speaker": null,
"content": "Yes, Hon. Junet."
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"id": 1568747,
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"text_counter": 205,
"type": "speech",
"speaker_name": "Suna East, ODM",
"speaker_title": "Hon. Junet Mohamed",
"speaker": null,
"content": " Hon. Chairlady, it must go on record that we opposed this Memorandum. Considering the last two clauses, the former and this one, we can see that this is not a Kenyan Bill honestly. It is an affront to all African cultures and values to say that if your relative who lives far away from you receives a bag of bananas or cassava from another person as a gift and you do not declare, then you have a conflict of interest case to answer. It also highlights that if you do a favour to an elderly person in a queue in good faith, then there is a conflict of interest. These clauses in the Bill are alien to our country. Whatever intentions it wants to achieve, let us pray to God that it might not… I see Hon. Owen Baya, who is seated next to me in jail."
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"id": 1568748,
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"text_counter": 206,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Question, that the words to be inserted be inserted, put and agreed to)"
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"id": 1568749,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568749/?format=api",
"text_counter": 207,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Question, that the words to be left out be left out, put and agreed to)"
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"id": 1568750,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568750/?format=api",
"text_counter": 208,
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"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Question, that the words to be inserted in place thereof be inserted, put and agreed to)"
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"id": 1568751,
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"text_counter": 209,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "Clause 16 as amended agreed to) Clause 17"
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