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{
    "id": 1111685,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1111685/?format=api",
    "text_counter": 402,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "now under lifestyle audit.” There should be confidentiality. Therefore, these provisions are good. What I do not like, maybe which we should consider going forward is trying to give the EACC the leeway of making searches in people's homes without obtaining search warrants from court. It is always good to know that when you give power to somebody, there is always a likelihood of those people abusing their powers. Madam Temporary Speaker, let us ensure that the only way you can go to do a search warrant in somebody's house is after you have approached the High Court. I like the elevation of the importance of this - not a Magistrate's Court - you approach the High Court. It is a Judge of the High Court that will listen to this application for a search warrant. The only thing we need to add is that you should name what you are going to search from somebody's house. You do not need to go to somebody's house to ask for bank statements. I mean, those ones, you go to the bank and get them. You do not need to go to somebody's house to search for title deeds. You can go to the Lands Registry and can get the title deeds. Madam Temporary Speaker, we also do not want a situation where you scare everybody in Kenya and we start seeing raids in people's homes. A raid in a person's home should be done very sparingly; when it is absolutely necessary that a person’s home be raided to get evidence that should be named in that search warrant. Otherwise, if you do not do that, there is likelihood of this also being abused. We know how Kenya is. The other good thing is that anybody who is aggrieved can go back to court or seek to set aside a lifestyle audit order. That is very good because if the EACC has gotten it wrong, then the person against whom an audit is being done, can go to court, put evidence forth, and then that is set aside. That is good because we want this to be done where there is due process. We do not want to scare Kenyans and send chills down them that this is meant to be used for witch-hunt. Madam Temporary Speaker, another thing is that any evidence that is obtained should be returned to court. This business of searching people's homes, obtaining evidence, and you store it at EACC for several days or months is not good. Once you get evidence from a home where you have carried out a search, that evidence should be taken to court. It is good that you have put in place the idea of deferred prosecution and give an opportunity to the Kenyan who has stolen from us to voluntarily surrender that money back to the state in return for freedom. What we want is to ensure that, that money does not benefit the persons who are corrupt. Madam Temporary Speaker, because my time is up, I beg to second this Bill."
}