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"id": 1272812,
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"speaker_name": "Hon. Speaker",
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"content": "Committees for public participation in accordance with the requirements of Article 118 of the Constitution and Standing Order 127. Subsequently, the Clerk of the National Assembly placed an advertisement in the print media inviting the public and stakeholders to submit memoranda on the Bill in accordance with the requirements of public participation. Hon. Members, the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill (National Assembly Bill No.35 of 2023) seeks to amend various Acts of Parliament relating to anti-money laundering and combating of terrorism financing and financing of proliferation of weapons. In particular, the Bill seeks to amend 17 Acts of Parliament. In this regard, I wish to notify the House that the proposed amendments to the following Acts of Parliament as contained in the Bill have since been referred to the Departmental Committee on Justice and Legal Affairs for consideration: 1. The Extradition (Contiguous and Foreign Countries) Act (Cap. 76). ‘Contiguous’ means countries that share a common boundary with Kenya like Somalia, Ethiopia, Uganda, South Sudan, and so on. 2. The Extradition (Commonwealth Countries) Act (Cap. 77); 3. The State Corporations Act (Cap. 446); 4. The Anti-Corruption and Economic Crimes Act (No.3 of 2003); 5. The Proceeds of Crime and Anti-Money Laundering Act, 2009 (No.9 of 2009); 6. The National Police Service Act, 2011 (No.11A of 2011); 7. The Ethics and Anti-Corruption Commission Act, 2011 (No. 22 of 2011); 8. The Mutual Legal Assistance Act, 2011 (No.36 of 2011); 9. The Prevention of Terrorism Act, 2012 (No.30 of 2012); and, 10. The Companies Act, 2015 (No.17 of 2015). Further, the proposed amendments to the following Acts of Parliament as contained in the Bill have also since been referred to the Departmental Committee on Finance and National Planning for consideration: 1. The Capital Markets Act (Cap. 485A); 2. The Insurance Act (Cap. 487); 3. The Banking Act (Cap. 488); 4. The Central Bank of Kenya Act (Cap. 491); 5. The Microfinance Act, 2006 (No.19 of 2006); 6. The National Payment System Act, 2011 (No.39 of 2011); and, 7. The Limited Liability Partnership Act (No.42 of 2011). Hon. Members, from the foregoing, the Departmental Committee on Justice and Legal Affairs shall be the lead Committee for purposes of conducting public participation. In this regard, the Departmental Committee on Finance and National Planning is required to conduct public participation and submit its Report to the Departmental Committee on Justice and Legal Affairs for consolidation. Hon. Members, as you are aware, the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill, 2023 contains proposed amendments seeking to provide for disclosure of information to help in combating money laundering, terrorism financing and financing of proliferation of weapons activities. In considering the Bill, the Committees should bear in mind the requirements of Article 24 of the Constitution on the limitation of rights and the various court decisions that have outlined the manner of application of the Bill of Rights. Hon. Members, this is very important because as you are aware, previously, the Law Society of Kenya went to court and struck out some provisions that sought to amend the Advocates Act. The Constitution requires that if you want to limit any provision in the Bill of Rights, then you must clearly state the rights being limited and why. So, the Committees and the Members of the Committees must take these very important provisions in mind. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}