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"id": 681783,
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"type": "speech",
"speaker_name": "Hon. A.B. Duale",
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"legal_name": "Aden Bare Duale",
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"content": "Clause 7 sets out the function and activities in relation to which a bribe is given or received. For example, any function of a public office carried out by a State or public officer, a foreign public official or any activity connected with the business or provision among others. If I remember, a public officer cannot take a gift valued at more than Kshs20,000. Colleagues, these days, if you attend a function and you are given a gift, you must open it there to see its value. If you are given a gift which is worth more than Kshs20,000, then somebody can go to court. Of course, what we receive from our people is always less than Kshs20,000. Clause 8 of the Bill prescribes the offence of bribery involving public officials. This applies where a private or public official from Kenya gives a bribe to officials of foreign countries for any reason. I have seen something very unique happening in this 11th Parliament. I have seen a Committee of Parliament going to carry out due diligence on a Government project. In my honest opinion, that is wrong. As Parliament, we are supposed to oversee. It is the procurement officers who are supposed to carry out due diligence on a Chinese firm constructing a road in any part of Kenya. Secondly, you will find a Committee of this House being sponsored by an entity which they oversee on a trip outside the country. With the passage of this Bill, if you are a Member of such a Committee, you will be liable to a fine. For example, if I am a Member of the Departmental Committee on Education, Science and Technology, what happens if the United States International University (USIU) finances my trip to the US? That is conflict of interest. Clause 9 of the Bill prescribes the requirement and procedures of prevention that private entities should put in place. Every private company or entity in this country will be under obligation to put in place procedures on how to detect and stop bribery within it. Clause 10 of the Bill criminalises failure by a private entity to prevent bribery. If you own a bus company and you allow your conductors and drivers to bribe police officers on the 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."
}