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{
    "id": 682061,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/682061/?format=api",
    "text_counter": 255,
    "type": "speech",
    "speaker_name": "Hon. Macharia",
    "speaker_title": "",
    "speaker": {
        "id": 2367,
        "legal_name": "Jacob Waweru Macharia",
        "slug": "jacob-waweru-macharia"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker. This is a very fantastic Bill. I thank the Leader of the Majority Party for the effort in bringing it. It is in public perception that corrupt people are only those working for the Government. As a result, corruption and bribery has thrived in private entities. Personally, I have never worked for the Government. This is my first Government job. I have worked all my life in the private sector. Thousands of Kenyans watching or listening to debate on this Bill today are happy because they know the kind of wars they have gone through in trying to secure promotions, employment or even bank loans. This comes handy in trying to help Kenyans working in the private sector or dealing with private corporations to counter bribery. Part II of this Bill clearly describes what general offences are. Clause 5 of this Bill describes that a person commits an offence by giving and also by receiving. It is commonly perceived in bribery or corruption circles that the person who is receiving a bribe is the one who has committed an offence. It is important that this Bill is now in agreement with the Anti- Corruption Act that even those who give bribes are also liable to corruption. This is not only in the private sector but also in the public sector. Therefore, when Kenyans are arrested at the road and they keep telling police officers “wacha tuongee mkubwa”, they should also know that they are getting involved in a criminal offence. It is important because when it comes to the private sector, Kenyans will understand that giving is also wrong. Part III of this Bill has given measures that a company or private entity has to put in place to counter bribery. Most private corporations, some of them international in nature, do not have mechanisms to handle bribery. Once this Bill becomes law, it will ensure that those corporations have put together those kinds of requirements. Clause 10 of this Bill clearly criminalises failure by a corporation or private entity to put measures to counter bribery. Therefore, when this Bill becomes law, we will have all private entities, preferably partnership and small businesses, putting into play requirements that are detailed down in Clause 10 and failure to which they would be liable for a criminal offence. Clause 13 also criminalises facilitation of bribery. In this case, the Bill is very clear because it has detailed properly that the company or the business is going to be liable if one or several of the directors of that company are involved in bribery. So, the company will be held liable."
}