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{
    "id": 249595,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/249595/?format=api",
    "text_counter": 251,
    "type": "speech",
    "speaker_name": "Mr. Cheboi",
    "speaker_title": "",
    "speaker": {
        "id": 329,
        "legal_name": "Moses Kipkemboi Cheboi",
        "slug": "moses-cheboi"
    },
    "content": "On page 1349 of the Bill, at the very bottom! Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, the provisions relating to the Anti-Corruption and Economic Crimes Act be amended - a) In the amendments relating to Section 4, by deleting the proposed subsection (5). This is a section which deals with stay of proceedings. As a way of background information to hon. Members, when there is a case in court relating to economic crimes and somebody feels that his constitutional rights have been violated and seeks a Constitutional reference, Section 4(5) proposes that there shall be no stay, whatsoever. The rationale of our deleting this particular clause is, because, first, it conflicts with Section 77(5) of the Constitution. Mr. Temporary Deputy Chairman, Sir, secondly, even from a very lay point of view, if one person has been taken to court for corruption, economic crimes and so forth and the case is proceeding, then he seeks some interpretation in a Constitutional Court, there is a very high likelihood that the case in the lower court can be disposed of before the one in the Constitutional Court is heard. Therefore, a conviction can even be secured at the expense of that particular individual. So, I propose that this particular Section 4(5) be deleted. I hasten to ask Members to 3890 PARLIAMENTARY DEBATES September 12, 2007 remember that, sometimes in 1982, there was a man called Sir Charles Njonjo. He was a Member of Parliament. He proposed Section 2(A) and he became the first victim of that particular Section. So, I am actually beseeching hon. Members to be careful when we are passing such amendments. Therefore, I propose the deletion of the amendment. I beg to move. Thank you."
}