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{
    "id": 1521720,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1521720/?format=api",
    "text_counter": 280,
    "type": "speech",
    "speaker_name": "Sen. Cherarkey",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "The committee says it is an entity mandated to ensure compliance and enforcement of Chapter 6 of the Constitution, which includes the conflict of interest. The Senate had prevented them, but where do you stop the liability? We do not want to see EACC coming to your house and turning upside down everything without proper investigative mechanisms. What happens if, for example, they arrest you with milk or tomatoes and they take you to custody? Those things gets spoilt. Who should be held accountable and liable? I agree that we need to prevent these people from being subject to civil and criminal proceedings. To what extent? I think that is what we need to do. Even the President can be given exemption from liability to a particular level. They should have said “on discharge of official duties.” That should have been the essence of moving. On the issue of management of conflict of interest, the committee has said repeal of the Public Officer Ethics Act is necessary, which I agree. However, all said and done, this matter has been captured in the Leadership and Integrity Act. Lastly, I also agree that we need to clean up the laws that we use to fight against corruption in this country. However, it is not about the laws, but our values as a society as Article 10 says. It is the ability and capacity to give resources to EACC. Does EACC have enough capacity to fight white-collar crimes since most of these thieves steal through papers? Do they have resources to follow up? Sen. Okiya Omtatah, I do not know whether you remember the tax havens such as Cayman Island where they used to hide the loot. Do you remember the famous case of KPLC, Gichuru and the rest? Does it have the capacity to go and follow up in Dubai and many other cases? Can lifestyle audit be done to officers who just get offices? When you go to the village or when pass big towns, you are told that such and such apartments belong to so and so. The other day, he could not even afford to pay even one or two litres for 2,000cc vehicle. Now you find a gentleman driving 5,700cc. Madam Temporary Speaker, we were even told of an officer who used to fly from here to Machakos by helicopter because they had a lot of money at their disposal. So, we need also to work on the lifestyle audit. We do not want to criminalize wealth and glorify poverty, but we must be very realistic. One of the reasons the Gen Z rose up - and the seconder of the Motion pointed to it - was opulence. There is a former United States of America ambassador who was here who said that we were eating and vomiting on theri shoes. That is what is happening. Civil servants should ensure they discharge their duty with all their power, but also we must be realistic as a country. What works for us and what is important as a country? Madam Temporary Speaker, I have realized this mediated version conflict of interest Bill was more of a clean-up. Let us be careful and not pass the laws to just make the World Bank and other Bretton Woods institutions happy at the expense of Kenyans. Some things can work and others that cannot. This Conflict of Interest Bill is one that has been defined. 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."
}