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{
    "id": 976842,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/976842/?format=api",
    "text_counter": 276,
    "type": "speech",
    "speaker_name": "Sen. Kang’ata",
    "speaker_title": "",
    "speaker": {
        "id": 1826,
        "legal_name": "Irungu Kang'ata",
        "slug": "irungu-kangata"
    },
    "content": "this Bill is proposing to expand the scope of the functions of those bodies which have been mentioned in the proposed Clause 5. My brother from Makueni County has raised the issues that the Director of Public Prosecutions (DPP) ought not to have any interest in this matter. He thinks that the DPP has a vested interest in a criminal prosecution and, therefore, he is not the one who can negotiate with a suspect for what is called deferred prosecution. I beg to disagree. We all know that the DPP has the constitutional sole mandate of prosecuting suspects. We cannot by a statute take away that power. Therefore, all negotiations, nolle prosequi and all kinds of withdrawal of criminal prosecutions have to always get the concurrence of the DPP. So, I see no problem with the idea that the DPP gets a central role in this Bill. Madam Temporary Speaker, the only areas I would ask my sister to consider improving would be in the following: One, there is this proposal contained in the Building Bridges Initiative (BBI) that a whistleblower will get a certain percentage of money that will be recovered from convicts in corruption cases. For me, this Bill can probably provide for that. I think we will have effectuated BBI as soon as possible. It makes all the sense; it is a very good proposal. Therefore, my sister, consider bringing that BBI proposal into this Bill, so that heroes - people who have fought against the Goldenberg, Anglo Leasing and all sorts of corruption scandals and had the courage to blow the whistle - get a compensation. I agree that 5 or 10 per cent makes a lot of sense. Let us provide for that in this Bill. That will be a major positive feature of this Bill. Secondly, I would urge the Mover of the Bill to consider providing what I would call mutual cooperation between Kenya and other states in asset recovery. I concede what my brother from Makueni County said that there exists a major loophole when it comes to cooperation between Kenya and other countries. It is a stain on Kenya that some people were found guilty in a case in the United Kingdom (UK), but their local counterparts who are suspected in that scandal have never gone to court to get justice up to today. Madam Temporary Speaker, Hon. Chris Okemo is still here in this country. There is also the former Managing Director (MD) of Kenya Power and Lighting Company (KPLC) who is still in this country. I am not saying they are guilty. However, their counterparts in UK were found guilty and there was a request made by the UK Government to extradite them. Up to now, those people are still in this country. To me, it shows that we have very weak laws, either in terms of procedure, which then makes suspects to wiggle and delay justice. To me, that is unfair. It is making Kenya’s reputation internationally to be dented. The same goes to other related white-collar crimes. Remember the case of Akasha brothers. They were in Kenya, never getting justice. It only took the intervention of the USA Government to have them taken to the Unites States of America to face justice. To me, that is not good. We need to look at this law to see what loopholes can be sealed in our criminal justice system, in order to ensure that white-collar criminals face justice in Kenya, and wherever we get a request from a foreign country, we immediately take a person to face justice elsewhere. Therefore, this is one of the pieces of legislation where 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."
}