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{
    "id": 75644,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/75644/?format=api",
    "text_counter": 115,
    "type": "speech",
    "speaker_name": "Mr. Cheptumo",
    "speaker_title": "The Assistant Minister for Justice, National Cohesion and Constitutional Affairs",
    "speaker": {
        "id": 50,
        "legal_name": "William Cheptumo Kipkiror",
        "slug": "william-kipkiror"
    },
    "content": " Mr. Speaker, Sir, my Ministry appreciates the significance of the provisions of Chapter Six of the Constitution. The provisions of this chapter are aimed at restoring integrity in leadership of public offices. Under this chapter, Parliament needs hon. Members to enact legislation to establish an Independent Ethics and Anti- Corruption Commission under Article 79. In addition, Parliament is to enact legislation on leadership under Article 80. Mr. Speaker, Sir, under Article 261 (1) read together with the Fifth Schedule of the Constitution, Parliament needs to enact legislation on Independent Ethics and Anti- Corruption Commission Act under Article 79 from the effective date, while legislation on leadership is to be enacted within two years. To facilitate the enactment of the legislation anticipated under this chapter, the Government and, indeed, my Ministry is organizing a strategic inter-agency co-ordination workshop to develop and draft a leadership and integrity law. Secondly, we are facilitating workshops to review the Anti-Corruption, and Economics Crimes Act, Public Officer Ethics Act and other legislations. A review of these laws and enactment of the Independent Ethics and Anti-Corruption Commission Act will pave way for the restructuring of the current Kenya Anti-Corruption Commission (KACC) into a new Independent Ethics and Anti-Corruption Commission, with the mandate to enforce the provisions of Chapter Six of our Constitution. Mr. Speaker, Sir, we are also in the process of developing an Anti-Corruption Policy Paper. A sum of Kshs10 million has been approved by the Cabinet for this purpose. A concept paper has also been developed which will be discussed in eight regional stakeholder’s workshops before a draft National Anti-Corruption Policy is developed. This policy will streamline the legal and institutional framework with regard to anti-corruption, leadership and integrity. Mr. Speaker, Sir, unless and until the legal framework and policy mentioned above are put in place through legislation by this House, the Government cannot be able to effectively ensure compliance with the provision of this chapter. The existing legal framework is ill equipped to sustain such compliance. Mr. Speaker, Sir, Article 76 (2) (a), for example, contemplates a scenario where a state officer may maintain a foreign bank account if the same is in accordance with an Act of Parliament. The Executive, therefore, cannot purport to prohibit a state officer from maintaining foreign bank accounts, but can only direct that they may only maintain the same in accordance with an Act of Parliament. Similarly, to ensure compliance with provisions of Section 77, there must be appropriate legal framework as outlined above."
}