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{
    "id": 1111668,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1111668/?format=api",
    "text_counter": 385,
    "type": "speech",
    "speaker_name": "Sen. Farhiya",
    "speaker_title": "",
    "speaker": {
        "id": 13179,
        "legal_name": "Farhiya Ali Haji",
        "slug": "farhiya-ali-haji"
    },
    "content": "application to be ex parte if such cases at the notice of application would prejudice the effect of the order sought. Where the High Court issues an account freezing order, it would be required to specify the period for which the order shall be valid. Such a period shall not exceed three months. Similarly, the provision on interim freezing orders, the Bill allows the High Court to vary aside or set aside an account freezing order and determine compensation for a person affected by the order. The Bill allows the commission with due notice and after considering any objections, issues an account for future notice to the holder of the frozen account for the purpose of forfeiting money. For example, if it is proven that there is money you have acquired illegally and that this money belongs to the State, then the court can decide that you forfeit that money. That means the money goes back now to the Government so that at least also Government can do what it ought to have done with that money had not been stolen. The Bill also allows the commission to apply for ex parte it to the High Court for an order requiring an associate of public officer subject to lifestyle audit to provide within reasonable time specified in the order written statements stating whether the property was acquired by purchase, gift, inheritance or any other manner. Also what consideration if any, was given for the property? Madam Temporary Speaker, the Bill defines the term “associate” to mean a person who the commission reasonably believe has had dealings with the public officer who is the subject of lifestyle audit in relation to a property reasonably believed to have been acquired by use of unlawfully obtained income. The Bill makes it an offence for a person to fail to comply with the above orders. Such failure attracts penalty of a fine not exceeding one million shillings or imprisonment of a term not exceeding three years or both. Madam Temporary Speaker, the Bill provides that a lifestyle audit may be carried out on an immediate family member of a public officer if it is established that the property which is the subject of a lifestyle audit is owned by an immediate family member, including joint ownership. The Bill mandates the commission to defer the matter to the Office of the Director of Public Prosecution (ODPP), where as a result of lifestyle audit, the commission is of the view that criminal proceedings should be instituted against a public officer. The Bill further allows the person who is the subject of the lifestyle audit to enter into a deferred prosecution agreement with the ODPP. Madam Temporary Speaker, the Bill also allows the High Court to defer publication of the information under the Bill once enacted for such a time as the court considers necessary if the postponement is necessary to avoid substantial risk of prejudice to the administration of justice. The Bill allows the EACC to make regulations for compensation of its provisions once enacted. It also allows the ODPP in consultation with the commission to issue guidelines on cooperation and collaboration in the investigation of crimes once enacted. Madam Temporary Speaker, the Bill finally amends the Public Officers Ethics Act to allow the information obtained in declaration or clarification made under it to be accessible to the public. This includes wealth declaration periodically made by state"
}