Entry Instance

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{
    "id": 901849,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/901849/?format=api",
    "text_counter": 89,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "“(2) Without limiting the generality of subsection (1), a State officer or a public officer shall not hold shares or have any other interest in a corporation, partnership or other body, directly or through another person, if holding those shares or having that interest would result in a conflict of the State officer’s or public officer’s personal interests and the officer’s official duties. (3) A State officer or a public officer whose personal interests conflict with their official duties shall declare the personal interests to the public entity or the Commission. (4) The Commission or a public entity may give direction on the appropriate action to be taken by the State officer or public officer to avoid the conflict of interest and the State officer or public officer shall— (a) comply with the directions; and, (b) refrain from participating in any deliberations with respect to the matter.” Again, I put emphasis on this paragraph, which states: “(6) In this section, “personal interest” includes the interest of a spouse, child, business associate or agent or any other matter in which the State officer or public officer has a direct or indirect pecuniary or non-pecuniary interest. (7) Where a State officer or a public officer is present at a meeting, where an issue which is likely to result in a conflict of interest is to be discussed, the State officer or public officer shall declare the interest at the beginning of the meeting or before the issue is deliberated upon. (8) A declaration of a conflict of interest under subsection (7) shall be recorded in the minutes of that meeting. (9) Subject to Article 116(3) and (4) of the Constitution, a Member of Parliament or a member of a county assembly (MCA) shall declare any direct pecuniary interest or benefit of whatever nature in any— (a) debate or proceeding of the body of which he or she is a member; (b) debate or proceeding in any committee of that body; and (c) transaction or communication which the State officer may have with other members of the body, State officers, public officers or government officers.” Hon. Members, Section 16 of the Leadership and Integrity Act further requires every public entity, and for the avoidance of doubt that includes this House, to maintain a public register of interests in which State officers are to register the particulars of various interests that are outlined in the Second Schedule to the Act. These include directorships of companies, ownerships of shares, contracts for supply of goods or services, funded trips, future expectations of employment, land and property, sponsorships, direct and indirect gifts, benefits or hospitality, pending civil and criminal cases touching on a State officer, business associate or firm and the possession of dual citizenship. Under the Act, each State officer is obliged to update any change in the status of the interests registered with a public entity within one month of such change. Hon. Members, in addition, this House went a step further and enacted the Parliamentary Powers and Privileges Act, 2017. Section 16(c) of the Act provides that the Committee on Powers and Privilege may find a Member to be in breach of privilege if the Member willfully fails or refuses to obey any rule of Parliament. 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."
}