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{
    "id": 1349800,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1349800/?format=api",
    "text_counter": 144,
    "type": "speech",
    "speaker_name": "Kikuyu, UDA",
    "speaker_title": "Hon. Kimani Ichung’wah",
    "speaker": null,
    "content": " Thank you, Hon. Speaker. Let me first thank Senior Counsel, Hon. Otiende Amollo, for those issues and, indeed, confirm that Hon. Otiende Amollo wrote a very detailed letter with all those 13 or 14 issues. He copied my Office, and I remember Hon. Speaker discussing the same with you and the Chair of the JLAC, who unfortunately is not here. But the Vice-Chair, Hon. Mutuse, is here. We have further discussed all the issues Hon. Otiende raised in his letter with the Chair and Vice-Chair of JLAC. Given an opportunity, since the Chair is away, the Vice-Chair should be able to apprise us of where they are first, in terms of looking at those issues among us. Many other issues came up during public participation, which the Senior Counsel has indicated. JLAC is already addressing some of those issues. It is also worth mentioning to Hon. Otiende Amollo that in the House Business Committee (HBC) this morning, we agreed to stand down the Conflict of Interest Bill from this afternoon sitting for the Committee of the Whole House. First, to allow JLAC to complete the work they were already doing, maybe tomorrow or the day after, whenever time will allow, and when the HBC can schedule business. Just to note that I agree with Hon. Otiende on a number of things, especially on the definition of a public officer, because that is explicitly provided in the Constitution, and we cannot seek to redefine it in a statute. This is because the Constitution is the supreme law of the country. When I was studying commercial law for my Certified Public Accountant (CPA), I was told that any other law we enact that conflicts with the Constitution becomes ultra vires . Therefore, any such definition that goes against what is provided in the Constitution will be ultra vires to the Constitution and thus, becomes null and void. However, the Constitution does not define who your relative is. But then it begs a moral question as to how far you can define who your relative is as a public officer. Your mother-in-law, your sister-in-law and some that you may not even know. If they are doing business and do not eat in your house, they do not depend on your pay as a public officer. They have no direct relation with you. Can you then say there is a conflict of interest between that distant relative and yourself as a public officer? Those are issues already before the JLAC, of which I believe the Hon. Otiende Amollo is a member. I hoped he would indicate where they are as a Committee, but I was informed he was not in the meeting this morning. I believe that JLAC will be able to apprise us of the addendum that they are doing that touches on major amendments that will touch on some of these provisions that Hon. Otiende has pointed to. 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."
}