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{
"id": 249669,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/249669/?format=api",
"text_counter": 325,
"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 rise to oppose this amendment. The powers of the Attorney-General, under Section 26(4), are to order the Commissioner of Police to carry out investigations into any criminal matters. I also have powers, under the Anti-Corruption and Economic Crimes Act, to order the Director of the Kenya Anti- Corruption Commission to carry out investigations. What my proposed amendment is trying to do is to harmonise those laws, so that for offences appearing under both the Penal Code and the Act, we have the Kenya Anti-Corruption Commission carrying out the investigations. That is all that I am trying to do. Of course, an argument has been advanced that the Kenya Anti-Corruption Commission should only investigate those crimes which fall under its constituting Act. However, some of those offences, like abuse of office, also fall under the Penal Code. So, it makes sense for the Commission, which will be investigating offences relating to abuse of office, to also investigate offences relating to abuse of office, under the Penal Code. When they have finalised their investigations, where the offence falls under the Penal Code, the culprit will be charged under the Penal Code. Where the offence falls under the Anti-Corruption and Economic Crimes Act, he will be charged under that Act. What are those offences we are talking about? If hon. Members look at pages 1361 and 1362 of the Bill, they will see that those are the offences in the Penal Code, which we are now saying, for avoidance of doubt, that the Kenya Anti-Corruption Commission should investigate. If you look at the Penal Code, you will see that Section 99, and all those other sections which are mentioned there, deal with offences such as abuse of office, offences against public authority, stealing by a person in public service, false accounting by a public officer, et cetera . These are offences which, in one way or the other, fall under the Anti-Corruption and Economic Crimes Act. So, all we are trying to do is to harmonise these laws. We are saying that since the Kenya Anti-Corruption Commission has the capacity, and is investigates these kind of offences, let it also investigate such offences under the Penal Code. So, I beg to oppose."
}