HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1355293,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1355293/?format=api",
"text_counter": 67,
"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
"speaker": null,
"content": " Hon. Temporary Speaker, I beg to move: THAT, the Conflict of Interest Bill (National Assembly Bill No.12 of 2023) be now read a Second Time. Hon. Temporary Speaker, allow me to, first, thank the Chairperson of the Departmental Committee on Justice and Legal Affairs, Hon. Murugara, and all the other 14 Members of the Committee who took a lot of time, including the short recess, to work on this Bill. I want to believe that even at the time we had the long recess, they had work ongoing especially on public participation in considering this Bill and for the Report they tabled before the House. As I thank the Committee, it is good to note that Article 73(2) (c) of our Constitution provides the guiding principles of leadership and integrity. One of the guiding principles, as stipulated in that Article, is declaration of personal interest that may conflict with public duties. Further, Article 75(1) (a) (b) of the Constitution requires a State Officer to behave, whether in public and official life, in private life or in association with other persons, in a manner that avoids any conflict of interest between personal interest and their official duties or in compromising any official interest in favour of personal interest. Conflict of interest has been identified as one of the primary and key drivers of corruption in our country and the world over. This Bill comes at a critical time when we are discussing the mambo ni matatu phenomenon as announced by President William Ruto in dealing with what he has described as wakora na wafisadi . Those are the crooks and the corrupt. When dealing with the corrupt, whether you want to deal with them through the m ambo nimatatu approach or deal with them through a public discourse on how to wage the war against corruption, we cannot do so without the requisite legal framework that enables us, as public officers, not to have any conflict of interest as we carry out our mandates. An analysis of all the existing policies, legal and institutional framework indicates that the various statutes and policy documents containing provisions for the management of conflict of interest are in a way conflicting and a proper framework does not exist. Similarly, the administration of conflict of interest is anchored in a multiplicity of institutions – the Ethics and Anti-Corruption Commission (EACC), and the National Cohesion and Integration Commission (NCIC), among other commissions and investigative agencies that deal with matters that touch on conflict of interest. This multiplicity of institutions that deal with issues of conflict of interest is a matter that we also need to address. It is part of the issues that this Bill seeks to address. As I mentioned, these provisions are, however, implemented independently, leading to weak and very uncoordinated application. With the multiplicity of the provisions that exist, the fact that they are carried out by various agencies, you find that they do so independently. The EACC will do its work independently. So will the DCI, the Director of Public Prosecutions (DPP) and other agencies, including the constitutional commissions. This has led to a system where everybody does things independently and we end up with a very weak and uncoordinated application of whatever policies or laws that we want to implement. In a bid to cure this problem, this Bill seeks to have a harmonised and coordinated legal and institutional framework for the management of conflict of interest in Kenya. If Members look at the Objects of the Bill, right at the back of the Bill, they will note that this proposed legislation seeks to promote objectivity, impartiality in official decision- making; ensuring that the integrity of the decision makers is not compromised by private interest; enhancing public confidence in the delivery of public services; providing a framework for regulation and management of real, apparent, perceived or even potential conflict of interest between public and private interest; and provide an institutional framework for the management of conflict of interest. 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."
}