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{
    "id": 914906,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/914906/?format=api",
    "text_counter": 141,
    "type": "speech",
    "speaker_name": "Kuresoi North, JP",
    "speaker_title": "Hon. Moses Cheboi",
    "speaker": {
        "id": 329,
        "legal_name": "Moses Kipkemboi Cheboi",
        "slug": "moses-cheboi"
    },
    "content": " Hon. Temporary Deputy Speaker, when Members are claiming some came here earliest, you recognise that I was the earliest here. I thank you for giving me the opportunity. I take this opportunity to also support the Bill that is before us here. I am a student of contract. Like yourself and many other lawyers here, you understand what happens when you go to law school. The first case that comes before you, before you even start the process of studying law itself, is one case called: “Carlisle v Carbolic Smoke Ball” It is an 1893 case which is the basis of contract. As many of my colleagues have stated, it is extremely unfortunate that many institutions from which persons borrow and default, the first port of call is the guarantor. It is because they are the easiest option to get. Of course, as I support this, I must warn members of the public to be very careful when they accept to be guarantors. Well, this Bill will make it a little better if it goes through. But we must also be careful when we are guaranteeing. Try to know the person you are guaranteeing. You heard the Member for Kiminini, just a few minutes ago say that he has guaranteed 101 Members here, every other day. In fact, that is something that should go public that Members, as they do whatever they do, are also borrowing like everybody else. They are looking for funds. We are not self-sufficient. We do not have everything. We keep borrowing from SACCOs and banks which declare us “politically exposed persons”. In other words, they are trying to use a good language of saying that we are risky borrowers. It is very surprising. Being a Member of Parliament, you have a salary. That makes you one of the least risky persons. I think the only reason we are considered politically exposed and, therefore, risky is because we end up using even the money we borrow for our constituents. I remember in the 9th Parliament when I borrowed some little money somewhere. It was from a bank here. I took the entire amount that I borrowed to Harambees. I remember it was about Kshs400,000. Immediately, I took it to a hospital in my constituency. It was called “Keringet”. They wanted Kshs100,000 and I gave out the money. That is probably what makes us a bit exposed in terms of risks. What I am saying is that we must be careful as the public. We must know the persons we guarantee. This kind of amendment that we get from the Hon. Member here will give us an opportunity to first exhaust avenues against the person who has borrowed before we start thinking about the guarantors. That is so that, a guarantor will be somebody who would be coming to attest that “this person is of good standing” and not necessarily to say: “I am the one who is going to pay in case of default”. This is the case and yet he is not involved when it comes to consumption of whatever has been borrowed. Thank you very much."
}