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{
    "id": 29140,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/29140/?format=api",
    "text_counter": 854,
    "type": "speech",
    "speaker_name": "Mr. M. Kilonzo",
    "speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
    "speaker": {
        "id": 47,
        "legal_name": "Mutula Kilonzo",
        "slug": "mutula-kilonzo"
    },
    "content": " Thank you, Mr. Temporary Deputy Speaker. One of the principal objectives of reviewing our Constitution was to ensure the establishment of a public leadership and integrity system that is clearly guided by defined codes of conduct and public ethics infrastructure. In essence, people wanted their leaders to be accountable for their actions. They also wanted mechanisms in place that would assure them that if leaders strayed, there were consequences to be met. Mr. Temporary Deputy Speaker, Sir, this Bill proposes to establish a Commission that will guide the realization of those aspirations. The Commission will develop a code of ethics for State officers and also oversee the enforcement of codes of ethics provided for such officers. You will find that in Clause 11(1)(a) and(f). This will ensure that public servants do not engage in business or have relationships that generate conflict of interest. It will also ensure that all public servants are individually accountable to their superiors and to the public. The Commission will also monitor the practices and procedures of public and private bodies to detect corrupt practices and secure the revision of methods of work or procedures that may be conducive to corrupt practices. I refer to Clause 11. Mr. Temporary Deputy Speaker, Sir, it will also ensure that all offices in the public and private sector are accountable for their organization and reputation. The Commission is also being mandated to prosecute with leave of court, and I emphasize, acts of corruption or violation of codes of ethics in cases where the Director of Public Prosecutions unreasonably fails or neglects to act on the recommendations of the Commission, or fails to prosecute within a reasonable time. You will find that in Clause 11(1)(d) of the Bill. Those people who accept bribes should be taken to court and accused and charged for encouraging corruption. It is also significant to point out that the Commission will be empowered to institute and conduct proceedings in court for purposes of recovery or protection of public property. This will ensure that all public assets acquired through corruption are reclaimed by the State or sufficient compensation is sought. To enable the Commission to effectively discharge its mandate, we are proposing to this august House a transparent and very competitive process for the recruitment of the members of the Commission, the Secretary and the Deputy Secretaries of the Commission. You will find that under clauses 16 and 18 of the Bill. Mr. Temporary Deputy Speaker, Sir, in view of the foregoing, it is clear that this Bill is a big boost in the fight against corruption. I would urge hon. Members to support the same with or without amendments, so that we can get the benefit of their wisdom. Looking at the Bill very briefly, because this is not a new area, we have had an Anti-Corruption Commission for a long time. Administration is covered by Part II. Kindly, look at them. Financial provisions are in Part III and they are very well laid out. In addition, you will find savings and transitional provisions. The CIOC has already been talking to me, but I want to wait and hear their proposals on the Floor of the House because I do not have very serious objections to their recommendations. Therefore, I encourage the House to look at this law. The anti-corruption law is not new but now, it has been constitutionalized under the provisions of the Constitution with regard to ethics. If you look at Clause 79, for the first time in this country and in this region, the issue of constitutionalizing the fight against corruption has been recognized expressly. In addition, the requirement to provide methods of enforcement and compliance with Chapter 6 of the Constitution are warranted. Mr. Temporary Deputy Speaker, Sir, with those far too many remarks, I beg to move and my good learned friend, Mr. James Orengo, has kindly agreed to second the Bill. Thank you."
}