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{
"id": 1590732,
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"text_counter": 221,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Chairperson",
"speaker": null,
"content": " Sen. Omogeni."
},
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"id": 1590733,
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"type": "speech",
"speaker_name": "Sen. Omogeni",
"speaker_title": "",
"speaker": null,
"content": "Mr. Chairman, the only comment I wanted to make is that let us deal with this clause very carefully. I have had the benefit of looking at all the anti- corruption agencies in Africa, including the most successful ones in Rwanda, Botswana and Ghana. You never mix declaration of assets with an anti-corruption commission. There is nowhere in Africa where that role is domiciled in an anti-corruption commission. As we look at this amendment, we need to also proceed with caution. As lawyers, we know that you do not mix functions of an investigative agency with a body that is receiving reports to look at any criminal aspect in it. We need to pass a Bill that can pass the test of the time. We are not an island. We have many examples to learn from all over Africa. In fact, in Tanzania, the declaration of assets are received by the public service. That is the regime that has been prevailing even in this country. It did not come from nowhere. It is because we borrowed from what is happening in other jurisdictions. The same thing happens in South Africa. Therefore, we need to be very careful so that we pass a law that is aligned with the constitutional provisions."
},
{
"id": 1590734,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1590734/?format=api",
"text_counter": 223,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Chairperson",
"speaker": null,
"content": " Thank you. Sen. Enoch Wambua, proceed."
},
{
"id": 1590735,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1590735/?format=api",
"text_counter": 224,
"type": "speech",
"speaker_name": "Sen. Wambua",
"speaker_title": "",
"speaker": null,
"content": "Mr. Temporary Chairman, my problem with that clause as proposed is that we have the Unclaimed Financial Assets Act, 2011. Maybe the best thing would have been to enhance that Act to extend to assets. This will ensure that you do not pile a lot of work to the EACC, which is already doing investigations and then mandate them to do forfeitures and unclaimed and uncleared assets. Why can we not do an amendment to the Unclaimed Financial Assets Act, 2011 and give that role to institutions under that Act? Mr. Temporary Chairperson, I oppose that proposal."
},
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"id": 1590736,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1590736/?format=api",
"text_counter": 225,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Chairperson",
"speaker": null,
"content": " Division will be at the end."
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"id": 1590737,
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"text_counter": 226,
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"speaker": null,
"content": "Clause 8"
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"id": 1590738,
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"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "",
"speaker": null,
"content": "Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 8 and substituting therefor the following new Clause—"
},
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"id": 1590739,
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"text_counter": 228,
"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "",
"speaker": null,
"content": "The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."
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"id": 1590740,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1590740/?format=api",
"text_counter": 229,
"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "",
"speaker": null,
"content": "Conflict of 8. A public officer is in conflict of interest if— interest. (a) (a) the public officer exercises an official power, duty or function to further his or her private interests or the private interests of another person; (b) (b) the private interests of the public officer can reasonably be perceived to impair or influence the public officer’s ability to act objectively in the performance of an official duty; or (c) (c) the public officer has private interests that could conflict with the duties of the public officer in future."
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"id": 1590741,
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"text_counter": 230,
"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "",
"speaker": null,
"content": "This is a proposal on the circumstances under which a public officer would be deemed to be in conflict of interest. The Committee noted that the reservation as proposed expands the conflict of interest to entail real, perceived or potential conflict of interest. The Committee, indeed, proposed that we support the amendment."
}
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