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{
    "id": 1521717,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1521717/?format=api",
    "text_counter": 277,
    "type": "speech",
    "speaker_name": "Sen. Cherarkey",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "\"corruption\" means— (a) an offence under any of the provisions of sections 39, 44, 46 and 47; (b) bribery; (c) fraud; (d) embezzlement or misappropriation of public funds; (e) abuse of office; (f) breach of trust; or (g) an offence involving dishonesty— (i) in connection with any tax, rate or impost levied under any Act; or (ii) under any written law relating to the elections of persons to public office; Madam Temporary Speaker, does it mean that we will have to do a law on, for example, bribery act? I know it is there. Does it mean we will do about embezzlement or bid rigging? The anti-corruption law is already there. The aspect that we should be discussing is about its enforcement and the fight against corruption. That is when Kenyans will build up on the issue. The issue of whether public servants are doing business with Government is neither here nor there. That is a moving target. Madam Temporary Speaker, if conflict of interest, for example, today was passed as is, all of us who do farming as a side hustle or selling animals, like the Sen. Murgor, or anybody else, would have to stop. So, we need to be careful so that we do not--- Madam Temporary Speaker, with the thinning of the payslip of many Kenyan workers, they are forced to do side hustles. Does it mean it is conflict of interest when after the Senate is adjourned and you go to look at your kuku, ngombe et cetera ? I seek your indulgence on the use of Kiswahili words. The point is we need to be honest. What should happen? I have seen the EACC and Sen. Okiya Omtatah, the indomitable lion of Busia County, charging people with conflict of interest, yet they cannot establish the link. Madam Temporary Speaker, in Nandi County, the other day, when the scandal of payroll emerged, close relatives of Governor Sang were found to be in the county payroll. No one up to date has been charged. The EACC cannot argue today that they do not have the law to charge. Section 42 of Anti-Corruption Economic Crimes Act of 2003 as revised in 2016 provides the definition of what is conflict of interest. It is about the enforcement and fight against corruption. It is not about anything else. We need to appropriate more resources. I know there is an issue with the Supreme Court now, but there are procedures on how that one can be handled. I would like to appeal that what we are having now is serious because I have seen that the committee observed that the Bill seeks to consolidate role of conflict of interest in public service. However, I expected the Joint Committee of the National Assembly and the Senate, to come up with how we can clean up. They have not given that to us. In all referrals that they have done, they have said, they will consolidate the laws relating to conflict of interest in public service. Why did the committee not come up with a proposal of legislative? How long will it take? We know we are mid-term of the Senate. Can the Joint Committee of Mediation, 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."
}