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{
"id": 34205,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/34205/?format=api",
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"type": "speech",
"speaker_name": "Mr. Wetangula",
"speaker_title": "",
"speaker": {
"id": 210,
"legal_name": "Moses Masika Wetangula",
"slug": "moses-wetangula"
},
"content": "Madam Temporary Deputy Speaker, thank you for that wonderful ruling. I do not know what I could talk about this Bill in one minute. Madam Temporary Deputy Speaker, I was talking about the clause on giving false information. I think that giving false information, in fact, in Penal Law is a crime. So, you do not even have to let people raise it as a defense. Madam Temporary Deputy Speaker, I also want to urge the Mover to define clearly how much money can be used for the administration of the Authority. Like the boards that have been set up, we normally say that the rules will be defined and maybe, no more than this can go to administration. This is because the Authority can start abusing the money. They can just start buying property and doing all sorts of things and then, the people intended to get this money will miss it out. So, it will be good if the Mover can fine-tune that. Madam Temporary Deputy Speaker, a very important point was raised by the Member for Ikolomani about bonds deposited with the police, chiefs and in courts. There are even bonds deposited at District Commissioners’ (DCs) offices, especially in far- flung areas where sometimes DCs double as magistrates. There are others deposited in prisons, where somebody goes to jail, deposits money there and he dies. The body is carried away and nobody knows if any money was deposited. I think the Bill should provide for all such public institutions to keep an inventory of all such deposits and financial assets held by them; regularly update through publication and indicate whether the person who deposited the financial asset is known to be living or not. Then, the assets can automatically move to the Authority. This is because previously, what used to happen is under the common law doctrine of presumption of death of seven years and one day. When after seven years and one day, you are not known of, if they know where your family is, they will reach out to them. If they do not know, sometimes, they pass the money to the Public Trustee and other times, the institutions just converted the money for their own use. I believe this should not be limited to the common law doctrine of presumption of death of seven years and one day. I have seen you have indicated about three or two years. Three or four years are good enough. If the owner of the asset resurfaces anyway, the money will be safe in the Authority. They can still go and get it. The Authority should also be obligated to account for the interest on the asset. If the Authority takes Kshs1 million from hon. Chachu Ganya’s estate and they hold if for four years, presuming he is dead, and he resurfaces, then they must account for the four years. This is because we are telling them that this money must be invested in bonds, infrastructure and any other earning investments for the country. So, if you are able to put that in the Bill, that will be very good. Madam Temporary Deputy Speaker, I want to urge the Mover, as I come to an end, that this is not a new phenomenon. There is very developed law relating to unclaimed financial assets in many jurisdictions. I would urge you to do a little more research so that you improve this Bill, because this is a novelty that you have brought to the country, that is going to help a lot of poor people. The richer you make it, the better for the people of this country. So, try and reach out to those who can help you on research. Go to the web and check what this law says in England, Germany and many other places. Then, you will be able to bequeath to this country something that we will live to remember you. Even when the people of Laisamis say “ songa kando,tutakukumbuka. Madam Temporary Deputy Speaker, with those many remarks, I beg to support this Bill and urge everybody else to do so."
}