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{
"id": 205616,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/205616/?format=api",
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"type": "speech",
"speaker_name": "Mr. Deputy Speaker",
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"content": "Hon. Members, you will recall that last week on Thursday, 30th August, 2007, the Chair undertook to make a ruling on the admissibility or authenticity of documents which had been tabled on Thursday, 23rd August, 2007, by Messrs. Kajwang and Midiwo during a debate on the Statute Law (Miscellaneous Amendments) Bill. The documents were tabled purporting to prove allegations of irregularities in the operations of Equity Bank. Hon. Members, matters relating to the bank in question have been raised in this House on a number of occasions and we, therefore, seek your indulgence to make reference to such instances, so that the issue can be put in its proper perspective. Hon. Members are aware that on 10th July, 2007, the Assistant Minister for East African Community, Dr. Khalwale, made serious allegations against the integrity of the bank while contributing to the Vote of the Ministry of State for Administration and National Security and tabled a letter addressed to the Minister for Finance to prove his claim. The Chair undertook to study the letter and guide the House accordingly. On 11th July, 2007, the hon. Member for Kwhisero Constituency, Mr. Arungah, sought a Ministerial Statement on the allegations made by Dr. Khalwale - the previous day - on the management of the bank. The Assistant Minister for Finance, Mr. Kenneth, immediately issued the Ministerial Statement which addressed the concerns raised by the hon. Members and, further, responded to several points of clarification sought as provided for in our rules of procedure. The need for a ruling by the Chair on the authenticity of the letter was, therefore, in my view, overtaken by the Ministerial Statement. Hon. Members, on Thursday, 23rd August, 2007, during the debate on the Statute Laws (Miscellaneous Amendments) Bill, issues relating to alleged irregularities in the operations of the bank, again, resurfaced on the Floor of the House. Mr. Kajwang tabled a letter purportedly written by a Director of the bank to the Chairman of the Board on serious operational flaws in the bank. Another document titled: \"Equity Bank Limited - Special Audit Report\" was tabled by hon. Midiwo to support hon. Kajwang's assertions. The document was ostensibly prepared by an audit firm called Keat Peat Marwick Group (KPMG). It was at that point that hon. Angwenyi and other hon. Members of the House, requested for guidance from the Chair on the authenticity and, indeed, admissibility of a document tabled before the House on 23rd August. Mr. Angwenyi revisited the matter addressed to the Chair on 30th August, 2007. Hon. Members, I have studied the documents mentioned and the statement issued by the Assistant Minister for Finance on 11th July, 2007 and which led me to come to the following observations: First, the letter tabled by hon. Dr. Khalwale was addressed to the Minister who has not disputed that fact. He, in fact, responded to it's contents. Two, a special audit report contains a disclaimer that it was prepared for the purpose of investigation which I believe the Minister for September 5, 2007 PARLIAMENTARY DEBATES 3699 Finance may wish to comment on. Three, the letter tabled by hon. Kajwang was addressed to the Chairman of the Board. It is not in dispute as it is an internal memo between Board members. Hon. Members, arising from the foregoing, it is my view that the question before the House does not relate to the authenticity or otherwise of the documents tabled. It rather relates to the use of the Floor of this House to make certain allegations on individuals or institutions who cannot defend themselves here. Whereas the Minister for Finance would wish to make a statement on the documents tabled by hon. Otieno Kajwang, I wish to state, without hesitation, that hon. Members should not use the privilege granted to them to malign or make allegations that, for all intents and purposes, are clearly intended to injure the character of individuals or institutions that may not have access to the Floor of this House. Hon. Members, may I point out that the privilege granted under the National Assembly Powers and Privileges Act, Cap.7 of the Laws of Kenya is not absolute, but must be exercised with the responsibility and dignity worth the institution of Parliament. Hon. Members, I thank you."
}