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{
    "id": 1522113,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1522113/?format=api",
    "text_counter": 119,
    "type": "speech",
    "speaker_name": "Sen. Okiya Omtatah",
    "speaker_title": "",
    "speaker": null,
    "content": "Conflict of interest only becomes a problem when it is not well handled. It is not intrinsically bad. That is why we are told that if you have a conflict of interest in a matter, you can pronounce that interest and either you can recuse yourself from a proceeding and stuff like that. Conflict of interest is also a major issue when it comes to determining disputes and whatever, especially for judicial officers where they are conflicted, they will tend to say, “I cannot sit on this matter because my judgment might be clouded by certain factors that make me a conflicted person.” So, that for me, is a good development. It is within the core competence of the EACC to address. Another issue that we may need to address is the capacity of the EACC. The EACC still implements the Anti-corruption and Economic Crime Act (ACECA) and the Anti corruption law of 2003, which created it as an entity to fight crime. However, when it comes to Article 79 of the new Constitution, the EACC is not created to fight crime. The EACC was created to enforce a code of conduct, which is Chapter 6 which is largely preventative. It is supposed to prevent a problem from occurring. They should come and look at systems and ensure that things like conflict of interest are not there, people are smartly dressed, they are reporting to work on time and not disappearing from their work stations because they are serving the public and stuff like that. I will call show of account of people. State officers are not employed, but earn several salaries. However, the Ethics and Anti-Corruption Commission (EACC) has forgotten that. It thinks fighting crime is to be more media friendly. You will see them chasing policemen who have taken some bribe. I urge the EACC now that it is taking on this heavy task of being the sole custodian of the conflict of interest, which is an issue under Chapter 6, which is their mandate--- We should consider whether the EACC has any role to play as an organ of enforcing criminal law. Under Article 247 of the Constitution, the Parliament can set up special police units. The question of theft of public funds must be dealt with by a uniformed force and not a civilian contraption like the EACC. The Criminal Investigations Department (CID) already has an economic crimes desk. Let us beef it up and let the enforcement of criminal law remain within the ambit of the National Police Service (NPS). Let the EACC do what they were created to do in the Constitution; to enforce the code of conduct under Chapter 6 of the Constitution. As a House, we need to look at the Anti-Corruption and Economic Crimes Act (ACECA) and see whether it is still a good law as framed or we need to put it under the enforcement of the police. If need be, a uniformed police unit be put up to deal with the theft of public funds. We will not get very far if we leave that critical issue to a civilian formation. As you can see, big crimes in this country are hardly punished. I have never seen a report of the EACC where they have gone into the budgets of a county government or the national Government to interrogate and ferret out budgeted corruption. I have never seen that happen, yet that would be an area where they would be acting proactively to prevent abuse of office. When the Eurobond happened and became hot in 2015, the EACC undertook to conduct an investigation and give us a report. Up until today, no report from the EACC has come on the Eurobond, where as matters stand today, USD7.2 billion is not visible in 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."
}