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"id": 194651,
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"type": "speech",
"speaker_name": "Mr. Wamalwa",
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"speaker": {
"id": 148,
"legal_name": "Eugene Ludovic Wamalwa",
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"content": "Mr. Temporary Deputy Speaker, Sir, I wish to support this Bill, the Proceeds of Crime and Anti-Money Laundering Bill. First, I wish to thank the Minister for acknowledging that, indeed, there are a lot of fears about this Bill. Many hon. Members have already expressed their fears. You can tell that the main fear is that this Bill is the Anti-Terrorism clothed in another linen. I think it is a matter of genuine concern to many hon. Members and, therefore, it is important that these fears be cleared. When you look at the definition, for example, of tainted property, there is something quite interesting about that definition. It tells you that, what is tainted property under that part in relation to an offence means any property used in any connection with the commission of an offence. There will be someone who will point out that it is tainted property. That could be anything. It is something that could have someone's property seized and assets frozen just for suspicion alone. It is something that we need to look at carefully. I am happy that the Minister has indicated that this Bill will go to the relevant Committees. I was happy to note that it will go to both the Finance, Planning and Trade Committee and the Administration of Justice and Legal Affairs Committee. I am a Member of the Administration of Justice and Legal Affairs Committee. He said that the Bill will go to both Committees. I propose that both Committees should work together and go through this Bill with a tooth comb to ensure that areas that raise fears, and are not very well framed, are improved, so that we have a better bill that will serve Kenyans. Mr. Temporary Deputy Speaker, Sir, in supporting this Bill, I wish to state that our Penal Code has been very clear, where offences relating to stolen property have been committed. The penalties are very clear. When one is found with stolen property, that person is guilty. Under the Penal Code it is an offence to have stolen property just as for the person who stole the property. We need to extend that to those who receive the proceeds of crime. I am glad that this particular Bill 952 PARLIAMENTARY DEBATES May 8, 2008 addresses it. I think this law is long overdue. We can now have a law in place to deal with the proceeds of crime and those who receive them. We have heard of incidences where people have created wealth out of immoral activities like prostitution, and have created empires. There was a case in England of a famous lady, who had become very wealthy from ill-gotten wealth from prostitution. We need laws that say, although you are not a prostitute yourself, you should not be able to enjoy the proceeds of such an immoral trade. Although you are not the one who committed the crime, you should not enjoy the proceeds of a crime, or own property and develop property which was obtained from crime. Mr. Temporary Deputy Speaker, Sir, I wish to say that this is a Bill that is long overdue, considering that we live in an age when the world has become a global village. International crime needs to be addressed. This Bill will go a long way in covering this area in our country. The fears expressed are genuine. I believe that the Committees will be able, in the course of tooth-combing this Bill, to improve on it considerably. I believe that the raison de'tre of any law is the public good. I believe that this Bill is for the public good and we should all support it. With those few remarks, I beg to support."
}