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{
    "id": 904463,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/904463/?format=api",
    "text_counter": 202,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "area so that you can ask for this road or this bridge, was gone. However, it still looks like you have to be close to certain offices or persons in leadership for you to get resources. Madam Temporary Speaker, the difference between this Bill from Sen. Pareno and the current Act is that it is underpinned with the Constitution of Kenya 2010. There is constant reference to Articles 10 and 27 of the Constitution. The sharing of resources countrywide is particularly in consonance with the provisions of the Constitution, when you look at the Chapter dealing with devolution, public finance and equitable sharing of resources. We hope that if there is a new Commission, it should come up and address this issue loudly. That is how you destroy the capturing of the State by cartels, by playing your role. Imagine what this lady in South Africa did. All these experiences and the fall of President Jacob Zuma can be attributed to a patriot in South Africa, who was a lady. She underwent a lot of difficulties. Her protection was only the law. The law of South Africa gave her the power and authority to speak out on all evils that were committed by public officers and the government of South Africa. Madam Temporary Speaker, accountability is achieved through mechanisms and commissions, such as the one we want to establish under this Bill. I hope that those who will be bestowed with the power to implement the decisions rightfully made by the Commission under the law, which we are debating and enacting through this Bill, will also play their role as required under this Act and the Constitution. This Bill also puts the officials of this commission not far away from the search light. This is because if they do not perform their roles in accordance with the objectives of this Act, they will suffer certain sanctions spelt out in this Bill. Madam Temporary Speaker, I want to talk a little bit more about the offenses created under this Bill. I will ask Sen. Pareno, at the appropriate time, to do certain amendments to the offenses under this Bill, especially those that deal with hate speech, ethnic and racial contempt as found under Clauses 41, 42 and 43. They need to be crafted and formulated in a manner that if there was a prosecution based on these offenses, the road will be clear. Sometimes we have good law in terms of overall principles, but the way it is drafted in relation to offences, which must meet the constitutional requirements and standards particularly as spelt out under Article 50 of the Constitution, may later on lead to difficulties when a prosecution is originated and attempts are made to arraign certain people in court. I hope that we will have time to discuss that at the appropriate stage of this Bill. I will keenly look at those particular provisions of the Bill. There are other provisions which create offences in this Bill, but the major ones are found under Clauses 41, 42 and 43. Madam Temporary Speaker, I hope that when this commission is established, those who will be given the opportunity to appoint the commissioners who will lead it will not make the mistake of giving some people a soft landing. I very much respect those who have been appointed to serve in various commissions in the country, but I believe---"
}