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{
    "id": 1496942,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1496942/?format=api",
    "text_counter": 164,
    "type": "speech",
    "speaker_name": "Sen. Wakili Sigei",
    "speaker_title": "",
    "speaker": null,
    "content": "This way, it will become another business enterprise where people will register themselves as public collection entities for purposes of fundraising. Of course, out of that fundraising, they make money. I propose that this particular provision under Clause 12(3) be deleted so that the only people who can, at any given time, be allowed to apply for and get permits to regulate a process of fundraising are those who are in need and not an entity whose business will purely be a public collection entity. If this is deleted, the preceding provisions will become superfluous. Mr. Temporary Speaker, Sir, Clause 13 provides that a state officer or an appointed public officer shall not participate in a fundraising appeal or conduct a public fundraising appeal during his or her term as a state officer. In this case, I propose that this is amended to read that such a public or state officer should not become a chief guest or the person collecting, but otherwise be in their individual capacities. I wear several hats. I am a public or state officer when I am in office. Out of office, there are certain personal private engagements that I engage in. I propose that the law reads that you cannot be a chief guest, but can participate in contributing to that particular fundraising that has already been authorised. Then, again, the requirement that you cannot do so within a period of three years preceding a general election tells us that all of us who have been engaged in these support programmes have already committed offenses. I know this will not act retrospectively, but it will affect us for a very long period of time. I propose as one Member here has already done so, that we limit it to six months rather than three years before a general election. The provision on the penalty of Kshs5 million is a bit punitive. The cause with which an individual is contributing to a fundraising is to support genuinely and as a matter of fact, it has already been approved by the issuance of that license. It cannot, therefore, be fair that the same license that permitted contributions to that fundraising can lead to an individual being penalized Kshs5 million or a fine not exceeding that amount. I propose that it be reduced to an amount which is not punitive, not Kshs5 million and above. Mr. Temporary Speaker, Sir, at the same time, subclause 4 says this will become or will constitute an election offense. If it is an election offence, it attracts another separate penalty. One could be barred or one could be punished by an imposition of a fine because they are candidates. This means one is going to be subjected to double jeopardy. Clause 14(2) says that the Cabinet Secretary upon receiving an application has got 14 days to either make a decision to issue or not. Fourteen days cannot fly, especially where we require fundraisings to be conducted for purposes of emergencies. Although I am aware that the provisions of Clause 15 says that there are exceptions to this 14-day period, I bet, as a matter of fact, that no such exceptions will be able to facilitate quick approval of requests for fundraising. Therefore, this should be an instant application and not to the Cabinet Secretary as I have proposed that requirement to take charge, be deleted and have it within the local lowest level of national Government administration; the local area assistant chief. That application should be instant, and it should not require 14 days for approval. 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."
}