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"id": 38460,
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"speaker_name": "Mr. C. Onyancha",
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"legal_name": "Charles Onyancha",
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"content": "Thank you, Madam Temporary Deputy Speaker, for giving me the opportunity to contribute to this very important Bill. From the outset I want to thank Mr. Mungatana for introducing it in the House. I have gone through the Bill. I am quite happy with the provisions that it brings along. However, I have a few comments to make. One of them is about the relevant Vetting Committee of Parliament. We have noted recently when some of our citizens are being vetted by Committees of Parliament, the aggressiveness with which the committees have asked their questions. Madam Temporary Deputy Speaker, I have no problem with facts being brought out, but I have got a great objection to certain attitudes or display of aggression in posing some questions. I would like any relevant Parliamentary Committee to be, probably, taken through a course on how to extract facts without necessarily appearing to be belligerent to the person being interviewed or being vetted. They should be treated with decorum and respect as provided for in our Constitution. I want to echo the sentiments of Dr. Khalwale that this Bill actually should be hopefully soon enough, extended to the county assemblies, so that the vetting process can also take place at that level. Madam Temporary Deputy Speaker, Clause 2 on definitions, “committee” means the relevant committee of Parliament. Our recent experience has given us some insight into possible incapacity of a Committee of Parliament to actually act in this capacity. So, I would urge that it may not just be a relevant committee of Parliament, but it may also include a select committee or a joint sitting of two Committees of Parliament or any other Committee of Parliament which may not even be relevant, but may be delegated that responsibility. Madam Temporary Deputy Speaker, moving on to the conclusion of the Bill, I do not see a provision for dereliction of responsibility in office in terms of these vetting requirements. I have in mind a situation where I am appointed to a position in which I have been vetted, but I get into office and I start behaving in such a manner that actually I would not pass the vetting process. I would wish that a provision or a clause be introduced in amendment to provide that any officer who has been vetted will also maintain the integrity that is required of him throughout his period in office. Failure to which, he may be returned for vetting should such an unfortunate opportunity arise. Relating to foreign bank accounts and the whole of such accounts, Dr. Khalwale ably contributed regarding disclosure of any foreign account with regard to the applicant under vetting. I wish that this would be extended to include relatives or members of his immediate family, including his wife and children, or to nominees because foreign accounts have been known to be held by nominees. Coming to Schedule “F”, the nominee must answer all the questions. Assuming that I was the nominee and I am there answering questions, I would not like to be asked: “What is your sex?” This is because certain facts are quite obvious. It might actually appear to be even offensive if I am asked what my sex is. Coming to Schedule 13, Town and City, maybe it might be an improvement if we also put the county of origin in view of the fact that the constitutional requirement is talking about balance in terms of origin. Madam Temporary Deputy Speaker, coming to Schedule 24, it is on tax status. On the issue about tax obligation to the State to date, I would like that “to date” to mean the prior year. That is the year which might have just passed or within the last 12 months to 18 months. This is because at times tax matters take a long time to be cleared. There are cases where negotiations take more than that date. There are also situations where you might be doing the vetting in January or February by which time the taxes for the prior year may not be due. It might attract certain questions from KRA or any relevant authority to be forced to pay taxes which are not due or which you are contesting when actually all you want is the appointment. Maybe that can be looked into. Then there is the issue which has been disturbing me that is on Schedules 28 and 29. There are people who have been imprisoned, some wrongfully, some correctly and they have served their term. They have, probably, repented or they were never guilty in the first place. Madam Temporary Deputy Speaker, in many countries, including the United Kingdom, there is a relevant period after which you can declare that you have not been charged in a court of law – I think it is five or so years – so that if you were charged maybe ten years ago and you do not declare that you have been charged, that will be in order constitutionally speaking. Otherwise, we will be shutting out certain reformed people who maybe could have contributed to society and who might be rehabilitated. I have just one more correction to make. On Schedule 27, there is “pro bono work or charity work to be reported”. This refers to listing specific instances and the amount of time devoted to each. I would like to add on to that “the amount of time”, “effort” or “funding” because there are many situations where you contribute to charity work, not by actually providing time, but by providing funding. With those few remarks, I beg to support."
}