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{
"id": 201320,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/201320/?format=api",
"text_counter": 356,
"type": "speech",
"speaker_name": "Mr. Wako",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 208,
"legal_name": "Sylvester Wakoli Bifwoli",
"slug": "wakoli-bifwoli"
},
"content": " Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, the proposed new Section 56A, which was deleted by the National Assembly, be re-inserted and amended as follows- Appointment of receiver 56A. (1) The Commission may, at any time with leave of the court, appoint a receiver for such property as is suspected by the Commission to have been acquired through corrupt conduct. (2) The appointment of a receiver under Subsection (1) above shall be in writing, signed by the Director or Assistant Director. (3) The receiver shall have powers of management, control and possession of the property for which he is appointed. (4) The Commission or the receiver shall, at the time of the appointment or soon thereafter, serve a notice on the person who has or who appears to have custody or control of the property, and, where the property is required under any written law to be registered, a similar notice shall be served on the respective registrar: Provided that where the property is situated outside Kenya, the notice shall not be necessary but the Commission shall have the power to liaise with foreign October 4, 2007 PARLIAMENTARY DEBATES 4377 governments, government departments and international agencies for the confiscation, management, control and repatriation of the property. (5) A person served with a notice under the foregoing subsection shall not, except by authority of a court order, deal with the property in any manner inconsistent with the instructions of the receiver. (6) A person who contravenes subsection (5) above shall be guilty of an offence and liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding ten years or to both for a first offence, and to imprisonment for a term not exceeding ten years without the option of a fine for a subsequent offence in respect of the same property. (7) For avoidance of doubt, a receiver may be appointed under this section in respect of any kind of property whether tangible or intangible, movable or immovable, and including buildings, income, debts, bank deposits, business concerns, stocks and other properties. (8) The receiver shall keep proper books of account and give quarterly reports to the Commission, and may pay the costs of receivership out of the property for which he has been appointed. (9) A person aggrieved by the appointment of a receiver under this section may request the Commission in writing to set aside the appointment in return for an offer of deposit of some reasonable security, or he may apply to the High Court for setting aside or variation of the appointment on the ground that- (a) he has offered to the Commission a reasonable security which has not been accepted by the Commission; or (b) he has in his possession evidence to show that, on a balance of probabilities, he acquired the property otherwise than through crime or civil wrongs. (10) An application to the High Court under Subsection (9) above shall be heard"
}