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"id": 115366,
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"speaker_name": "Mr. Abdikadir",
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"legal_name": "Abdikadir Hussein Mohamed",
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"content": "Mr. Temporary Deputy Chairman, Sir, under Clause 17, we did agree with the Minister that the issue here is the reporting of the offence. There is an offence under that Clause where if you were to go across the national border with money or property in form of cheques and so on, you ought to report. In the event that you do not report, you are guilty of an offence. It is a reporting offence. That offence is created under Clause 13(3) which reads:- âA person who willfully fails to report the conveyance of monetary instruments into or out of Kenya, or materially misrepresents the amount of monetary instruments reported in accordance with the requirements of subsection (1), commits an offence.â This is the requirement to report. In the event that you do not report, the offence is created by that Clause, but the punishment is created by Clause 17. My proposal, and we did agree with the Deputy Prime Minister and Minister for Finance, is to make the amendment indicated on the Order Paper but, unfortunately, misdirected to Clause 17, to come immediately after Clause 13 to read:- â(4) A person who contravenes the provisions of section 13(3) shall, on conviction, be liable to a fine which shall not be more than 10 per cent of the amount of the monetary instruments involved in the offence.â"
}