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{
    "id": 1521700,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1521700/?format=api",
    "text_counter": 260,
    "type": "speech",
    "speaker_name": "Sen. Wakili Sigei",
    "speaker_title": "",
    "speaker": null,
    "content": "You make a choice or the praesidium at that time makes a choice as to whether you should be allowed to participate in such proceedings or not. It will affect not only the Committee of the Whole, but also the various standing committees of the National Assembly and the Senate. Where a Member has disclosed that a conflict of interest could exist, it is upon the chairperson who is presiding over that particular committee to choose whether such a member will continue sitting in the committee or not. This provision was unilaterally agreed upon. This is because of the desire to guard and protect the public and state officers from being exposed while participating in proceedings. They will be seen to have either influenced or, in one way or another, involved themselves in making sure that a position that would be either prejudicial to the public or in benefit to them if they are allowed to participate. That is one crucial provision that members agreed to. Thirdly, there is also a provision that was a bit contentious regarding the prohibition by law of dual employment of public officers. In this particular aspect, the Senate declined it. However, the National Assembly pushed that we need not have a public officer have dual employment. The position the committee took already exists in other laws. Madam Temporary Speaker, just for the sake of this Conflict of Interest Bill, including it is redundancy in the enactment of laws. Members agreed unanimously to reject the inclusion of that provision because it is already a provision in the Public Officers Ethics Act, which is an existing law. It was superfluous to include that particular provision in the Conflict of Interest Bill. The committee jointly agreed that that provision be deleted. In regards to the aspect of the declaration of income, assets or liabilities by members; in this particular Bill, the EACC was required to be involved in ensuring that such forms are filled in a more extensive way than the one that exists currently in law. The committee was cognizant of the fact that the Public Officer Ethics Act has a provision requiring any public officer to make annual declaration of their assets, liabilities and income. There is an existing schedule that shows how people are supposed to fill and disclose those particular requirements on an annual basis. Therefore, where there is such an existing provision, it will not be necessary to introduce it in law. Similarly, it was agreed by members that it will be unnecessary to amend the schedule which serves that particular purpose in the existing law. Therefore, members unanimously agreed that that particular provision be excluded in the final draft. Another interesting provision that was considered in the course of this particular engagement by the joint committee was the requirement of a public officer who is subject to investigation to be asked to step out of office for the entire period of investigations. We are all aware that in this country, whenever there is any investigation, it is not known for how long the process can take to conclude. This law seeks to introduce a limitation on the time of suspension from an infinite period to 90 days. Whether or not investigations are concluded within 90 days; if the period lapses, the person should be allowed to resume office. If the investigating agency 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."
}