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{
    "id": 976829,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/976829/?format=api",
    "text_counter": 263,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "that I read. Do we need to limit? More importantly how do we limit public servants and State officers from trading when they are in office? That is the problem. Sen. Farihya and my colleagues, nothing stops Sen. Wamatangi from having 16 to 20 limited liability companies trading anywhere in the country. He is an entrepreneur and that is not a crime. Can you go to his luxurious house and tell him that since you know his salary, he could not afford to build his house? How do you do that? You cannot look at his nice car and tell him that his salary cannot buy a new VX 2017 or 2019 model yet he is a businessman. Up to what limit can we restrict public servants who are the target of this Bill from trading and how do you trace their assets? We should assume that a good entrepreneur like Sen. Kang’ata keeps all his money in one account from his mamamboga, his shop in Murang’a and his shop in Nairobi. That is why it is important to do tracing. We have set up an outfit led by a lady called Muthoni Kimani known as the Assets Recovery Agency (ARA). That is the outfit you would cloth with jurisdiction to do the tracing then forward the information to the DPP, so that he is not the one chasing the tracing and the same person prosecuting. In Kenya prosecutors and DPPs have been given instructions to prosecute people who are not considered politically correct. If you doubt, pick the case of Stanley Munga Githunguri. He was prosecuted many times together with the owner of Royal Media Services (RMS), Mr. Macharia. The court released Stanley Munga Githunguri and told him to go to Mt. Kenya, which is the tallest mountain in Kenya, to thank God that we have a country and law. In terms of how, because deferred prosecution takes time, once we tweak that in terms of who does the tracing and prosecution and how you escalate it to the High Court, we will have solved the problem that I have with this Bill. I have also spoken about search warrants and we must be very circumspect about this. In law, we have something called mareva injunction, where you injunct the withdrawal of money from an account in advance if you suspect that the money is either proceeds of crime or proceeds of corruption. There was a famous case of a gentleman called Humphrey Kariuki. The order was lifted at about 4.00 p.m. on a Friday and in less than 30 minutes Kshs2.1 billion had been withdrawn. Since we have a history of such cases, those factors must be included here. Madam Temporary Speaker, this is a beautiful law that I would like to see in place. This is what we are discussing in the national ethos. By the way, Chancellor Angela Merkel lives in a flat in London. We would like to see a president living in a flat. Prime Minister Boris Johnson rides a bicycle to work. The former British Prime Minister David Cameron boards a train. It is the way we live that encourages stealing; that if you are a leader, you must have a house with 60 rooms. It is the way of life of leaders that you must have a perimeter wall as big as a prison to be considered a big man. It is the big man syndrome that has led to corruption, theft and the 11th commandment which states that: “Thou shall not be caught”. The people who are caught have money to pay for bail even if it is Kshs15 million, Kshs20 million or Kshs30 million. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}