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{
    "id": 1399579,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399579/?format=api",
    "text_counter": 283,
    "type": "speech",
    "speaker_name": "Sen. Olekina",
    "speaker_title": "",
    "speaker": {
        "id": 407,
        "legal_name": "Ledama Olekina",
        "slug": "ledama-olekina"
    },
    "content": "are certain sectors of this public office entity that have been left out. It tries to focus on issues of transparency. It is trying to inculcate a culture of transparency. Mr. Temporary Speaker, Sir, the next thing that this Bill talks about is the issue of penalties, like what happens. I am trying to demystify the gist of the entire Bill because it talks about certain penalties and whereas there are penalties that have not been spelled out, it says if you are a person, you will be charged Kshs4 million with 10 years imprisonment and Kshs10 million if it is an entity. We have a tendency in this House of fast-tracking National Assembly legislations. When they are brought, we put them through the conveyor belt so fast and most of us not even understand them while our Bills originated from this House are collecting dust at the National Assembly. If you read this Bill, you will get to a point where the National Assembly is given so much power as a reporting agency. I will try and look at certain provisions of this Bill, which I think the drafters have thought about but need to expand it. I hope that this time around, distinguished Senators can get an opportunity to internalize this Bill. We do not want to be counted as those people who go in and clap for a Bill they do not even know what it is about because they have not read. Then tomorrow when it is affecting us, we start complaining. Mr. Temporary Speaker, Sir, when you are told as a public figure or a state officer, that you have to disclose all the money that you earn, the money that your wife earns and the money that your children earn, what sort of draconian laws are these? You will find families that the husband and wife, do not talk to each other but live in an arrangement. They make their own money. Imagine this, your wife or your child with his or her life, whom you do not talk to, as a state officer, you must disclose how much money they earn and all their income. Seriously! Just because we want to please the World Bank, we come up with legislation that do not help us. I long for the time when we, as a country can be able to develop our legislation, taking into consideration our culture - how people struggle to be there. If you meet the people who are tasked with the administration of this conflict of interest legislation--- No.5, it says the Act shall be administered by reporting authorities - I will define who those reporting authorities are - and the Ethics and Anti Corruption Commission (EACC). Why should we not just look at the EACC Act, go through it together and see what we can change because no law is static. Things change. We are very good as a country in drafting legislation. We pass it, but are only good on paper. There is one section which is very utopian in its nature. It is still on No.6 - The function of the commission under this Act shall be; 6b, develop an effective system of reporting violations of this Act. So, the EACC goes out and develops a reporting mechanism. Then below it in No.7, says- “The Commission shall in performance of its function under this Act have the powers to: one, “conduct investigation on its own initiative or on a complaint made by a member of the public”. I wish it went further and said what are the requirements. Once you complain, how are you put the know on the entire investigating mechanism? When is it reported"
}