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{
    "id": 203776,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/203776/?format=api",
    "text_counter": 124,
    "type": "speech",
    "speaker_name": "Mr. Cheboi",
    "speaker_title": "",
    "speaker": {
        "id": 329,
        "legal_name": "Moses Kipkemboi Cheboi",
        "slug": "moses-cheboi"
    },
    "content": "Mr. Temporary Deputy Chairman, Sir, on behalf of the Committee, I beg to move:- THAT, the provisions relating to the Anti-Corruption and Economic Crimes Act be amended- (j) By deleting the proposed section 56A. Mr. Temporary Deputy Chairman, Sir, for the benefit of the House, this is the particular section which intends to give the Kenya Anti-Corruption Commission (KACC) an option to appoint a receiver to manage properties on issues of mere suspicion. First, part (i) says that:- \"The Commission may at any time, before or after instituting civil proceedings, appoint a receiver\". We have a problem with that kind of appointment and, in fact, as far as we are concerned, they will not even go to court to seek any orders of appointment of a receiver. We have looked at the proposed amendment by the Attorney-General, in which he has proposed that a receiver can be appointed by leave of the court. We really have a major problem, and I think, of all the amendments that have been proposed, this is the most dangerous. It is open to vendetta. This is an issue of suspicion. I do not know how we can litmus suspicion, and by who? The Director of KACC or even the Assistant Director, on mere suspicion, can appoint a receiver to manage a property. First, that will obviously, reverse the burden of proof from the person instituting the investigations to the suspect. Not even the accused, but a mere suspect. I want to beseech the House to very quickly throw away this amendment, because it is an extremely dangerous way of dealing with things. If we place power on one particular individual, we will be creating a monster that will be used for political reasons and to settle personal vendetta. This is a very dangerous move."
}