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{
    "id": 1399554,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399554/?format=api",
    "text_counter": 258,
    "type": "speech",
    "speaker_name": "Sen. Maanzo",
    "speaker_title": "",
    "speaker": {
        "id": 13589,
        "legal_name": "Maanzo Daniel Kitonga",
        "slug": "maanzo-daniel-kitonga"
    },
    "content": "Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to this important law. Corruption is the biggest problem in Kenya, in African countries and countries worldwide. This proposed law on conflict of interest safeguards the resources of citizens in the country. Corruption has brought down many countries especially the corruption of officials within Government entities. Conflict of interest may not be properly captured or defined in this Bill. This Bill was in the National Assembly and was forwarded to the Senate. I thank the Justice, Legal Affairs and Human Rights Committee in the Senate for going further to come up with amendments to make the law stronger as opposed the usual practice of getting laws forwarded from the National Assembly, we rubber stamp and forward to the Executive for assent. In this Bill, there has been an extra effort from the Committee. The Bill defines conflict of interest as- \"a conflict between the public duty and private interests of a public official, in which the public official has private capacity interests that could improperly influence the performance of his official duties and responsibilities.\" One area in which this Bill will be applied is the Judiciary. Many judges have been honest when parties come before them to say that one of the parties to the suit is personally known to them, and they declare their interest. The judge could state that a party was a classmate and give other reasons why they are likely to be biased, and they recuse themselves from presiding over the matter. The file is transferred to another judge who does not know the parties and can adjudicate. However, how often are judges, judicial officers, and officers performing quasi-judicial functions honest? This goes to arbitration and other government organisations. Several Acts of Parliament have been affected by this law and will touch on other laws. There is a phenomenon called conflict of laws. How conflicting is the law? We have the Official Secrets Act. What do you do to a person who has been the Cabinet Secretary for Interior Security and has many secrets about the nation? Quite a number of things are handled secretly for the nation's benefit, especially security information. The generals in the army deal with the external security of the country. What of the people dealing with the country's internal security? People with information which, when leaked, can be used by our enemies to create mayhem or cause harm to the nation. People holding those positions have information with them, which if conflicted can result into a lot of damage to the country. Therefore, the declaration of interest is important. It begins with this House from our Standing Orders and it goes on to other parts of public officers and a lot of it is when the public officer has to gain. Thereafter, it comes to the implementing commission, meaning the Ethics and the Anti-Corruption Commission (EACC) established under Section 3 of the EACC Act, 2011."
}