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{
    "id": 115372,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/115372/?format=api",
    "text_counter": 363,
    "type": "speech",
    "speaker_name": "Mr. Abdikadir",
    "speaker_title": "",
    "speaker": {
        "id": 1,
        "legal_name": "Abdikadir Hussein Mohamed",
        "slug": "abdikadir-mohammed"
    },
    "content": "Thank you, Mr. Temporary Deputy Chairman, Sir. Let me say that Clause 13(3) creates an offence called a “reporting offence”. Clause 13(2) gives the punishment for several offences. We are interested in Clause 17(2) in amending Clause 13(3). In other words, delete Clause 13(3) as indicated in Clause 17(2). It will read as follows:- Clause 13(3) says:- “A 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.” Clause 17(2) says: “A person who contravenes any of the provisions of sections 6, 9, (13)(3) or 14 shall, on conviction be liable- (a) in the case of a natural person, to imprisonment for a term not exceeding seven years, or a fine not exceeding two million, five hundred thousand shillings, or to both; and, (b) In the case of a body corporate, to a fine not exceeding ten million shillings or the amount of the value of the property involved in the offence, whichever is the higher” I am proposing through the Minister – because this was not on the notice – that Clause 13(3) be removed from that list and a new Clause (c) be inserted, which would read: Clause (c): “A person who contravenes the provisions of section 13 (3) shall, on conviction, be liable to a fine which shall not be more than ten percent of the amount of monetary instruments involved in the offence.”"
}