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{
    "id": 784300,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/784300/?format=api",
    "text_counter": 124,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "It has since been proved that this member did not understand the provision that was in the law. Because of such participation, out of ignorance, they ended up amending a very important clause in that Bill. In short, I am saying that those of us who probably are not well educated in ICT matters should try to be a bit cautious, listen to the experts and get to understand their explanation and then we make an informed opinion. What are some of the provisions of this law that are good? I will talk about those which I fear may infringe on our rights later. There is a very thin line between security, maintenance of law and order, basic human rights and the Bill of Rights as provided in the Constitution. Children’s rights have been featured in this Bill with a provision tightening the noose on online child pornographies. We will agree that child pornography is something that is worrying us in this country. We need to support any attempt to deal with it. There is computer forgery and fraud which is going on. This is something that affects the banking sector and trade in general. You would be lucky if you are seated here today and you have not been a victim of computer fraud or forgery. This Bill will help us address that issue. The Bill provides for confiscation of proceeds of cybercrime and compensation of victims. Again, I had expressed my fears whether that provision will be applied. In the Proceeds of Crime and Anti-Money Laundering Act that governs ethics and anticorruption in this country, there is provision for confiscation of property acquired through economic crimes. How much has been confiscated? How much property has the Ethics and Anti-Corruption Commission (EACC) confiscated? Today, the Leader of the Majority Party has tabled in this House the Quarterly Report of the EACC, but the question I ask myself is whether this House needs to even debate that report. The EACC has been a let down to the people of this country. If there is a reason why corruption continues to rise in this country, it is because of pretending that we have a commission that deals with corruption. You ask yourself why even simple cases of fraud have not been dealt with. I know of many cases in counties where people have stolen money. They have used the same proceeds to acquire property. They do not even hide it. They have developed properties within the county and you can see them. Someone who is earning a salary of Kshs95,000 has constructed a hotel worth Kshs100 million in three years. You do not need any more investigation. These are people who just need to be arrested and their property taken away. They need to suffer and pay for it. The EACC will never help Kenyans fight the corruption menace. I am not so sure whether we need to put in place a law that we would confiscate proceeds of cybercrimes and compensate the victims. I do not know. I am not sure whether our agencies that are tasked with the responsibility of implementing this will do it. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}