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"content": "you as an individual and appeals to you, that is still regarded as philanthropy. It is not harambee because that is a personal appeal. There is no way by which this law will outlaw such kinds of contributions. This law is mainly concerned with large contributions where the public is involved; where public interest should be preserved and where there should be accountability when public money is given. This proposed law is to ensure that when money is given, it does not fall to misuse. I have seen occasions where we have collected money for funeral expenses and then there are things called committees. When you go home to the rural areas, the committee gives the report and you can see that it is not telling the truth, but you have no way of saying “point of order” at a funeral. We can make those committees more accountable. Yet the widow is bereaved, she cannot speak. It is only later when you come back to visit your relatives that the widow comes and says “Oh, you know my son, I have not seen any single cent of that money that was collected.” It is so sad. So, rather than pretend that these things are voluntary, they should not be interfered with and so on, let us protect individual members of society from vices and make sure that when these things happen, there is a record that is known publicly. We are not saying that the Government is going to come and interfere with public collections, but at least, when you do it, you should fill a form which is available for inspection and which will protect people like widows and so on. This is a vice that the spirit of the Motion or the Bill that we intend to write is trying to cure. Further, when the Bill is ready because I think it is the most important thing, it will come to the Senate. The Senate will then examine it to find out whether the things we are saying here are enshrined in the Bill. I just want to remind the Senate that in the Public Officer Ethics Act of 2003, Section 13(1) reads:- “(a) A public officer shall not use his office or place of work as a venue for soliciting or collecting harambees; or, (b) either as a collector or promoter of a public collection, obtain money or other property from a person by using his official position in any way to exert pressure.” So, the Public Officer Ethics Act has already recognized that offices can be used to exert pressure on people to give money, but that is not all. We must go further and not just think of public officers. There are individuals in society, as Sen. G.G. Kariuki was saying, who are rich and who, by dint of their money power, can do exactly what the public officer is not expected to do. They will say “Look, I will help you to do whatever – find a job for you or whatever else you want – if you come and contribute to this thing that we are doing.” Now, you will not be doing it voluntarily, but under pressure, and then you have no way of making sure that the money you are giving is actually going to the philanthropic purpose for which it is meant. It may be just adding to the wealth of this same person who is appealing to you to give this kind of money. So, Mr. Temporary Speaker, Sir, finally, it is important to realize that the law we are now proposing is not meant to do away with our culture of mutual social responsibility, as Sen. Muthama was saying; that we may risk becoming westernized by this law. No, this law is really meant to civilize our culture of mutual social responsibility. There are people who are misusing our culture of mutual social responsibility; people who rather than become responsible for their own destiny, they begin depending on harambees over and over again to meet purely personal expenses. I The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}