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{
    "id": 1398630,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1398630/?format=api",
    "text_counter": 280,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "collision course with public interest. All these issues are defined in Clauses 8 to 29, so that a public official will not come back and say, I did not know that this was wrong, including the Members of Parliament. As you debate on a Bill, you are duty-bound to make declaration of interest on this Floor. The same is provided for in our Standing Orders, but now it will be provided in statute. This will enable one to say: “On this matter, I am afraid I may not provide the best of judgment because I know this client or company. I do business with them.” and so on and so forth. This will enable the Speaker to determine that already, as a human being you are biased. It is impossible to divide yourself into two. So long as you are into business or private relationship with an entity or an individual that is before this House, the same applies. All those offences are listed. Part IV of the Bill, which is Clauses 30 to 38, provides for compliance measures. It tells what you need to do because you are duty-bound. Situations will arise where you are serving in a public office, then something comes across. Mr. Temporary Speaker, Sir, an advocate of the High Court such as you, it is possible that at one time you will represent an entity which becomes subject to investigations in the Senate. It is provided in Clauses 30 to 38 on what compliance measures you are supposed to take as a public officer, where a private interest has been in conflict and what you are supposed to do. You either recuse yourself or declare the income and assets and liabilities by public officers and your diversions there on. Part V of the Bill, which comprises of Clauses 39 to 42, provides for the lodging of complaints against the conduct and investigation. It sets out the procedure for reporting any violation of this Act to the Commission and the reporting entities. It provides temporary vacation of office by public officers who are under investigation and stipulates the recommendation that may be made by the Commission to a reporting entity upon the conclusion. This is where the rubber meets the road. Once it has been declared that there is possible conflict of interest that you did not act in a manner that is in the best interest of the public on what is supposed to happen, the Ethics and Anti-Corruption Commission (EACC) or whatever investigative entities, are to deal with you. Part VI of the Bill, which is Clauses 43 to 48, are just miscellaneous provisions, which provide for the penalty on issues such as filing of returns and the power of Attorney General (AG) to make regulations and repeal the Public Officers Ethics Act. Finally, Part VII of the Bill, which is Clauses 49 to 51, is the saving and transitional clauses, which provides for the Public Officers Ethics Act, the Leadership and Integrity Act and many of the clauses, which are being succeeded by this Act. In conclusion, I urge Senators to take time to read this Bill, debate it and provide insight on how to make it better, given that we have personal interest in this matter because it affects us. It is important that you speak about it and share ways in which the Bill can be made better. I am sure, tomorrow, when the report by the Standing Committee on Justice, Legal Affairs and Human Rights is tabled on this Bill and what Clauses you want us to make better, it will be for the good of the country. With those many remarks, I beg to move and request the Senator for Kakamega County, our Majority Whip, Sen. (Dr.) Khalwale, to second. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}