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{
    "id": 517825,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/517825/?format=api",
    "text_counter": 163,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "From the foregoing, I find that the matters raised by hon. Duale and other Members who spoke after him, indeed, relate to the privilege of the House and are therefore subject to the consideration and decision of the House as what goes on in the Committees affect the integrity and reputation of the House and its Members, individually or collectively, and cannot be wished away. The next question that arises is, now that those are matters of privilege, what then do we do? Hon. Members, to answer this question, allow me now to interrogate relevant provisions of the Constitution of Kenya, the Leadership and Integrity Act, 2012, the Public Officer Ethics Act, 2003 and the National Assembly (Powers and Privileges) Act (Cap 6 Laws of Kenya). The allegations of compromises, prejudices, deceit or corruption against the members of the Public Accounts Committee relate to financial probity of State Officers which is governed by Article 76 of the Constitution of Kenya. In particular, I draw your attention to Article 76 (2)( b) which provides:- “That a State officer shall not seek or accept a personal loan or benefit in circumstances that compromise the integrity of the State officer.” This provision is replicated under Section 12 of the Leadership and Integrity Act, 2012. A similar provision is provided for under Section 11 of the Public Officer Ethics Act, 2003. Section 6 of the Leadership and Integrity Act further prescribes a general code of conduct of State Officers. It provides as follows:- (1) This part prescribes a general Leadership and Integrity Code for State Officers. (2) The provisions of Chapter Six of the Constitution shall form part of this code. (3) Unless otherwise provided in this Act, the provisions of the Public Officer Ethics Act shall form part of this code. (4) If any provision of this Act is in conflict with the Public Officer Ethics Act, 2003 this Act shall prevail. . Hon. Members, having made those observations, let me now interrogate the relevant legal provisions governing the consequences of any alleged breach of privilege or code of conduct of Members of Parliament. Firstly, Article 75(2)(a) of the Constitution The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}