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{
"id": 1278824,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1278824/?format=api",
"text_counter": 225,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": "laws we have. If you read the report, one of the key issues they are raising is that we have laws that might have gaps. However, we have not implemented or enforced existing laws. As is in various laws, we hope whoever is in charge will go out of their way to deal with this matter. Another emerging threat, which I had hoped the amendments would capture, is illicit financial flows. We seem to have concentrated on basic procedural issues. We have not given any serious talk or attention to illicit financial flows and tax expenditures, which we need to address. When we go to the Committee of the whole House, I hope the Departmental Committee on Justice and Legal Affairs and the Departmental Committee on Finance and National Planning will seek further technical support to ensure we address these issues. Speaking to the Bill at hand, it has very many issues. Of course, we all know the greatest concern is what they are talking about voluntary extradition. When is it voluntary, coerced, forced, or obtained under duress? It becomes extremely difficult to know. We have had many cases of people abducted in this country and taken outside without a trace. They find themselves in hostile territories on the pretext that it is voluntary. I had hoped that any form of voluntary consent to extradition should be obtained before either a magistrate or a judge of the High Court so that it is truly voluntary. We also appreciate expanding the scope of the Financial Reporting Centre so that we can track illicit financial flows and cases of laundering money obtained from corruption cases. Hon. Temporary Speaker, I would have also hoped that when they are talking about this financial reporting, they must also tell us why, many a time when we are vetting Cabinet Secretaries and the Principal Secretaries, they deliberately exaggerate their worth so that by the end of their five-year term, they will say their worth was this-and-that, yet their worth has been obtained through illegal, or corruption means. I had hoped that by now, we would be at a point where a public officer would come for vetting and disclose what they own and whether it has been valued and verified by a competent authority. We must be sure that the figures they give are not manufactured in anticipation that they will loot public resources. How do we explain a situation where a Cabinet Secretary who earns Ksh1 million takes a mortgage of Ksh120 million to finance the purchase of a house? Those are the kind of things that we should be addressing now instead of just looking at foreign money getting out of the country. There is money being acquired through illegal means. The entire Bill seems to focus so much on vetting shareholders, substantial significant shareholders, beneficial owners, etcetera . Obviously, There is the fear that it will be misused. If the concerned people have beef with anyone, they will say that they do not trust their source of income or source of capital. So, they will not give you a license to find a company or something like that. In the Committee of the whole House, where the two committees will be proposing amendments, we must include mechanisms to ensure a right of recourse. If you say that you are not giving a license or permission to proceed, we must be able to deal with that. I find it curious that the Insurance Act has been included in this Bill. What is proposed to be amended, other than the issue of vetting of shareholders and beneficial owners deals with the issue of changing from registration to licensing. I thought that should have been dealt with in a proper manner, that is when dealing with the Insurance Act on its own. The issue that looks curious is what they are calling, under the amendment being brought in the National Police Service Act, “controlled delivery”. This is where an illegal consignment can be allowed into the country under the supervision and watch of police officers. We live in a country where the National Police Service is corrupt to the core. People with low levels of integrity and accountability populate it. Are we not creating a disaster? Imagine a case where arms, narcotics, and all harmful substances could be diverted. We are even dealing with a case where Kenya Revenue Authority (KRA) seals are tampered with. Clearly, we are creating a disaster. There is a discordant command structure at the National Police Service. The Inspector-General of Police (IG) talks about one thing, and the others talk about different 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."
}