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"speaker_name": "Hon. Kang’ata",
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"content": "personal information held by it relating to the applicant, which is out of date, inaccurate or incomplete.” That is fine, but I was wondering whether when you get this information and then you make a reliance on it, for instance, you transact, and then it turns out that, that information was false. Should the person who provided that information bear some form of loss? I belong to the school of thought that, that person should be made to pay. A good example is an official search in the Ministry of Lands. If you conduct a search only for the search to be erroneous, I belong to the school of thought that the Ministry of Lands should compensate you. That is provided for under the Lands Act. I would imagine that, that would apply to the several registries that we have like the Motor Vehicles Registry. If you go there and pursuant to this law, you obtain a copy of the records and transact only to appear that the record was erroneous, I belong to the school of thought that you made a representation as the Government and as a private citizen, I made a reliance on it and I incurred a loss bona fide, namely in good faith. Therefore, I would urge the drafter to put a clause in terms of where a citizen makes reliance of information and undergoes a loss, the person to make good on that loss is the provider of that information. Allow me also to comment on an issue that I have heard Members talk about. Does this Bill affect counties? I have looked at the definition of a public entity in Clause 2. That definition indicates that a public office is defined in Article 260 of the Constitution or an entity performing a function within a commission, office, agency or any other body established under the Constitution. Article 260 of the Constitution talks of offices which draw money either from the Consolidated Fund or money appropriated by Parliament. To that extent, one can argue that it is true it captures an office within what we call a county. What of statutory bodies which are created by counties? When you look at the Memorandum and the Objects of this Bill, in the final statement, Hon. Nyokabi clearly indicates that this Bill does not concern county governments. I would imagine that many Members would want to get information related to the various counties. This Bill may be construed that some areas of counties are not covered by this Bill. Therefore, I urge my colleague to be expressly clear in this Bill and expand it to affect counties, so that if you want to get information in counties, we can use this Bill."
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