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{
    "id": 249609,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/249609/?format=api",
    "text_counter": 265,
    "type": "speech",
    "speaker_name": "Mr. Marende",
    "speaker_title": "",
    "speaker": {
        "id": 289,
        "legal_name": "Kenneth Otiato Marende",
        "slug": "kenneth-marende"
    },
    "content": "Mr. Temporary Deputy Chairman, Sir, it is found on page 1350. I beg to move:- THAT, the provisions relating to the Anti-Corruption and Economic Crimes Act be 3892 PARLIAMENTARY DEBATES September 12, 2007 amended- In Section 7 by inserting the following proviso at the end thereof:- Provided that the powers of the Commission under this Act shall only relate to offences taking place after the commencement of the Act. In this amendment, the Committee is proposing the insertion of a proviso to Section 7 of the Act. Section 7 of the Act in effect sets out the functions of the Kenya Anti-Corruption Commission (KACC), among other things, to investigate matters relating to offences that may have been committed or suspected to have been committed under the Act. We propose to insert a proviso to the effect that the powers of the Commission under this Act shall only relate to offences taking place after the commencement of the Act. Mr. Temporary Deputy Chairman, Sir, let us note that the Act commenced on 2nd May, 2003. The rationale for the introduction of this amendment is to ensure that the provisions of the Act in so far as crimes relating to corruption and economic crimes are concerned, do not apply retroactively. The proposed amendment is also meant to ensure that the operation of the Act is in tandem and consonance with the provisions of the Constitution. Among other things, Section 77(4) of the Constitution disallows the retroactive application of offences. In a nutshell, it provides that no person shall be held to be guilty of a criminal offence on account of an actual omission that did not at the time that it took place amount to an offence. So, in effect, this amendment seeks to defeat retroactive application of the Act. It is very well intended. I beg to move."
}