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"content": "Anyang’-Nyong’o came up with a Bill that is to regulate and structure the way harambees are conducted and how people go through the process of collecting those funds. Right from the outset, I remember when this came up as a Motion in the Senate and the whole notion of streamlining harambees, it seemed as a herculean task. We wondered how we were going to make sure that we streamline and put structures in terms of the way harambees are structured. As I look at this Bill, I am proud to see what the Professor has been able to put together in very concrete format; for example, by setting the Fundraising Appeals Committee as a very structural body at a national level that will be able to coordinate the functions, give the licensing and direction for the collection of funds and also a county fundraising appeals committee. Mr. Temporary Speaker, Sir, this is what the Public Collections Acts; Chapter 106 of the Laws of Kenya intended to do. However, it was not able to really set up these institutional architecture, so that it can align it to fit at the national and county levels and also include funds from other organisations for example religious and charitable organisations. So, as much as this Bill seeks to replace the Public Collections Act, Chapter 106 of the Laws of Kenya, it does this in a very innovative way, by putting specific structures in place to ensure that funds are collected in a very orderly manner. The misunderstanding that has taken place that we just want to stop fundraising altogether, monitor or stop people from fundraising from the manner that they were used to is very inaccurate. It is also very unfortunate that as we know the media is capable of taking something that is very good and worthy, distorting it and presenting it to the public in a way that misrepresents the intention of that specific Bill. The intention of this Bill is very clearly outlined. There are very important Clauses in the Bill. Clause 26, gives the process of licensing and how that is going to be done in details. For example, there are certain specific things which we sometimes do not take into consideration or take for granted. The full name and address of the person collecting funds must be known. If it is somebody who is doing it on behalf of somebody else, they should be known. It gives specifications on somebody who is doing it on behalf of somebody else. Clause 4 of Section 26 gives specifications for somebody who is doing it on behalf of somebody else so that there are very clear details of the name and the purpose of the fund-raising, the date, the amount intended to be raised and so on. The Bill also gives provisions for areas where even the amount that has been raised has to be stipulated so that it can be known how much it was raised from that particular appeal and what is going to be done in its usage. This model goes very close to Western models where when fundraisings are done, it is in a well coordinated manner so that there is a record of those people who were given the money, how they were given and what has been done. This is key for us because in the Kenyan context, we are very happy to collect the money, but we are not happy to follow through and find out what that money has been used for. Mr. Temporary Speaker, Sir, this is the same problem we are having with county governments. The main problem is that the Senate has said it must audit the resources given to the counties. Likewise, this Bill also sets out very stringent auditing processes in Section 45 where the records and accounts of the fundraising must be collected and 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."
}