Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1371859,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1371859/?format=api",
    "text_counter": 226,
    "type": "speech",
    "speaker_name": "Sen. Wakili Sigei",
    "speaker_title": "",
    "speaker": null,
    "content": "officers to appear before the Committees of this House and answer to concerns the way the are required to file their annual reports as and when Parliament requires them to do. Sen. Osotsi has thought through this process and I believe that by panel-beating a bit of these provisions that this legislation provisions provides, we shall come up with a legislation that will enhance and support this House in implementing its mandate as provided for by the Constitution. Madam Temporary Speaker, under the provisions of Section 18 that seeks to amend by introducing timelines for purposes of allowing the Clerk of this House to process summons, the period of seven days is sufficient enough to facilitate preparation and submission of notices by the Clerk. This timeline is critical to ensure that fair hearing is accorded to whoever is summoned. Similarly, the proposal under Section 18 (5A) provides for seven days for the person being summoned to appear and (5B) is the one in which Sen. Cherarkey had suggested it be amended. I also wish he was in the House because the proposal grants the House or the Committee time shorter than the seven-day period where there is need for immediate appearance by such a person who has been summoned. This accommodates concerns if there are incidents where we will need a Cabinet Secretary to appear before the seven day period lapses as provided for by the proposed Section 18 (5A). I support that provision because first it gives the House or the Committee sufficient time to process whatever they require to be responded to and also for the Clerk to ensure that everything is availed to the person being summoned. Secondly, it gives the person being summoned the opportunity to prepare so that the question of fair hearing as provided for by Article 50 is adhered to. This will give the person being summoned time to prepare, process and to protect their rights if there will be an infringement. Madam Temporary Speaker, in Section 19 there is a proposal to amend the fine payable from Kshs500,000 to Kshs2 million. I support this proposal for two reasons. One, the reason as to why some people who have been summoned to appear fail to dos so is because we have been told that in some Committees, they request them to pay a fine. The fine imposed is not much and they can as well pay and avoid appearing. Enhancing this amount will be punitive enough because a fine of Kshs2 million is not something that can just be paid as pocket change. Secondly, it will also act as a deterrent because the more you are asked to pay such an amount of money, especially if the law provides that the money should be paid out of personal resources; this will deter them and it will enhance their desire to appear before committees and respond to issues. I, therefore, support the proposal to ensure that this amount is enhanced from Kshs500,000 to Kshs2 million. In the proposal under Section 19 (c) (2A) this amount of fine has been enhanced to be recovered as a civil debt. When you look at the Debts (Summary Recovery) Act Sen. Osotsi has made reference to, it requires that before the same is enforced, a complaint is lodged. He may consider to amend that particular sub-section to ensure that the person lodging a complaint is either the Clerk of the House or any other person so"
}