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{
    "id": 1539895,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1539895/?format=api",
    "text_counter": 1679,
    "type": "speech",
    "speaker_name": "Molo, UDA",
    "speaker_title": "Hon. Kuria Kimani",
    "speaker": null,
    "content": " Hon. Temporary Chairman, I beg to move: THAT, the Fourth Schedule to the Bill be amended in paragraph 8 by deleting sub-paragraph (2). The amendment seeks to align this law with the provisions of the Constitution, particularly Article 52 (1), so that an accused person can have the right to remain silent and not to give evidence during any proceedings, or to give self-incriminating evidence. Paragraph 8 (2) of the Fourth Schedule provides that a person commits an offence if that person, when appearing as a witness before the disciplinary committee, refuses or fails to be sworn in; refuses or fails to answer a question that is required to be answered by the chairperson of the disciplinary committee; refuses or fails to produce documents that are required by a sermon that is served to him under the Act. It is the duty of the disciplinary committee or any person who aligns wrongdoing on the part of an insurance professional to adduce sufficient evidence to prove the wrongdoing. It is the constitutional right under Article 52 (1) that a person has the right to remain silent and not to give evidence during any proceedings or to give any self-incriminating evidence. This provision is similar to the provision of the Constitution of the United States, where an accused person says, ‘I plead the fifth.’"
}