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"speaker_name": "Sen. Wambua",
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"id": 13199,
"legal_name": "Enoch Kiio Wambua",
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"content": "Mr. Temporary Speaker, Sir, this matter of conflict of interest is such an important matter that perhaps – I will take time to look at the report by the Committee on Justice, Legal Affairs and Human Rights – we need to ask ourselves to what extent do we go in defining conflict of interest. Is it possible to define conflict of interest in law? I say those things as I am guided by our own Standing Orders, Standing Order No.104 of the Senate. It mandates and obligates a Senator who wants to make a comment or debate on a matter in which they have pecuniary or proprietary interest first to declare that interest. A public declaration of interest or a declaration of interest in writing, is a cure to the consequences of the conflict. In that case, if I am a medic serving in a public hospital and declare in writing that I am also involved in a private clinic, is the writing enough to cure the consequences of the conflict? I would like to conclude. However, I would like to see what the Committee has said on the provisions of Clause 7 of the proposed law. The proposal in the Bill is that the Commission can act Suo Moto on its Motion to investigate conflict of interest. We live in this country - I am not saying this will happen - however, we know that commissions that are supposed to be independent in the discharge of public service, more than once, have been used by those in authority as weapons to harass and torment people who hold a different view, especially a political view. My caution is, if this law passes, the law must not be the reason the Ethics and Anti-Corruption Commission (EACC)--- I have heard you say that the Committee on Justice, Legal Affairs and Human Rights is proposing bringing on board other entities and agencies that will implement the provisions of this law. I am praying and hoping that when this Bill becomes law, then it will not create an excuse for either the EACC or any other public entity under the control of the current Government or future governments to harass people who hold a different political opinion. This is not a new thing that I am saying, it has happened before, and I hope it will not happen this time. As I conclude, let me reiterate that we legislate because we do not legislate for ourselves, our political parties or coalitions. We legislate for this country and posterity. I hope that after going through the Committee on Justice, Legal Affairs, and Human Rights"
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