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{
    "id": 1553967,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553967/?format=api",
    "text_counter": 545,
    "type": "speech",
    "speaker_name": "Homa Bay Town, ODM",
    "speaker_title": "Hon. Peter Kaluma",
    "speaker": null,
    "content": "If you look at all the statutes, even where we can put items in regulations, the House normally vests some regulation-making authority at the very end. If you look at all the statutes in which various regulations with sanctions are proposed, they have regulation-making provisions. We cannot have a provision relating to regulations in some nature in a statute and then give a general provision. Therefore, in terms of form, even where we are proposing regulations, let all provisions relating to making regulations be within the provision that is usually at the end of a statute to deal with those matters. I have a problem with what is at page 77. There is a Clause 4 on regulations at the bottom. When you go over to page 50, there is a provision relating to the Betting, Lotteries and Gaming Act. An amendment at sub-clause (f) of that page says that this authority can impose monetary, civil or administrative sanctions for violations that are related to the anti-money laundering provisions. You see, that authority is being given power to impose civil sanctions. That includes monetary and administrative sanctions. First, the meaning and types of administrative sanctions is not defined. Secondly, it is also not confirmed whether that agency or authority is at this level sitting as a court of law or a quasi-judicial body. As you know, you cannot decide on a person's property, liberty, or money without affording that person a hearing. If that hearing is going to be afforded before the authority metes such sanctions, that judicial or quasi-judicial authority must first be vested in the authority by law. Secondly, there must be secure provisions confirming an impartial and independent tribunal - not an authority making this determination on their own - will hear the person within Article 50 of the Constitution. If you look at the provisions in this Bill with the various Acts of Parliament, it is repeated across. If you look at Section 42A on page 75 of the Bill, the provision is not limited to the statutes that are specified. It says that it will relate to the Financial Reporting Centre, all supervisory bodies and self-regulating bodies. All bodies falling under that category will be obligated. The Bill also has provisions imposing very onerous obligations on the bodies that are mentioned in Section 42A. In fact, let me tell the House that the accountants’ body, the certified public secretaries’ body and others that have not been specifically mentioned but are captured in section 42A, like the Law Society of Kenya, will essentially peep behind their members to see whether they comply. Remember if the regulatory bodies do not do that, they will be sanctioned. That provision should be looked into keenly."
}