12 Sep 2007 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I beg to move an amendment to Section 7 of the Act---
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12 Sep 2007 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, it is found on page 1350. I beg to move:- THAT, the provisions relating to the Anti-Corruption and Economic Crimes Act be 3892 PARLIAMENTARY DEBATES September 12, 2007 amended- In Section 7 by inserting the following proviso at the end thereof:- Provided that the powers of the Commission under this Act shall only relate to offences taking place after the commencement of the Act. In this amendment, the Committee is proposing the insertion of a proviso to Section 7 of the Act. Section 7 of the Act in effect sets out the functions of the ...
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12 Sep 2007 in National Assembly:
On a point of order, Mr. Temporary Deputy Chairman, Sir. I moved that amendment as a Member of the Departmental Committee on Administration of Justice and Legal Affairs. The Committee has no interest in this matter. Mr. Temporary Deputy Chairman, Sir, with regard to the Chairman of the Committee, the factual position is that he was involved in a case in which the accused person was the hon. Dr. Christopher Murungaru. In civil application in the Court of Appeal No.43 of 2006---
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12 Sep 2007 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, it is important that this goes on record! This is because as a matter of fact, the Minister should not cite something that is untrue. The case in which---
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12 Sep 2007 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I just want to put the record straight!
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12 Sep 2007 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, in a nutshell I am asking: Is the Minister in order to mislead the House that there is personal interest in this amendment on the part of hon. Muite when, in fact, this amendment is moved by the Departmental Committee on Administration of Justice and Legal Affairs?
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12 Sep 2007 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I rise to support the amendment by the Departmental Committee, largely on the ground that the amendment by introduction of Section 7A will, clearly, be in conflict with Section 26(4) of the Constitution, which vests the power to order an investigation in the Office of the Attorney-General. That provision is so explicit. It says that the Attorney-General may order the Commissioner of Police to investigate. So, if the arguments by the Attorney-General were to have any credence, then the cure would be to amend the Constitution to include the Director of the Kenya Anti-Corruption Commission ...
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12 Sep 2007 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I beg to second that amendment, which is based on a very sound rationale, which is constitutional. Thank you.
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12 Sep 2007 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, the provisions relating to the Anti-Corruption and Economic Crimes Act be amended- (f) By deleting the proposed Section 23; Mr. Temporary Deputy Chairman, Sir, the proposed amendment, as is in the Bill, to Section 23(iv) seeks to confer police powers to an unconstitutional institution. To that extent, therefore, it has no logical basis.
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12 Sep 2007 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, on behalf of the Departmental Committee on Administration of Justice and Legal Affairs, I beg to move:- THAT, the provisions relating to the Anti-Corruption and Economic Crimes Act be amended- (g) by inserting the following new amendments in proper numerical sequence- s. 26, s. 27, s. 28 delete. The basis of the proposal for deletion of those sections is that, first, those provisions contravene the rights of a suspect as are known in law. So, that if compliance with those provisions results in the suspect, or an accused person, being subjected to a situation where ...
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