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{
    "id": 977542,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/977542/?format=api",
    "text_counter": 300,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "of the National Assembly. APNAC has done a great job in representing the Kenyan Parliament in international forums and other caucuses to discuss how to deal with corruption. Unfortunately, the case study of Kenya is not one that encourages a lot of sympathy whenever we go for APNAC sessions or whenever we go for conferences on anti-corruption. Every other week that passes, there is corruption in the public and private sector. Last year, the Committee on Liaison sponsored a few Members to go to Malaysia, and part of the conversation with the Malaysian Anti-Corruption Commission was to share experiences in the battle against corruption between the two countries. We know that the Malaysian political environment was rocked with serious corruption allegations in what was called the 1Malaysia Development Berhad’s (1MDBs) Scandal, that led to the ouster the country’s Prime Minister. It also gave rise to the oldest Prime Minister on earth, in the name of Prime Minister Mahathir bin Mohamed. Just last week, if not this week, the Prime Minister Mahathir bin Mohamed was forced to leave office. Again, you find the forces of corruption battling very hard to ensure that the new administration does not get along or get on with its anti-corruption crusade. We shared experiences with the Malaysian Anti-Corruption Commission, and one of the things that we brought back home and which I particularly intend to legislate on, is the concept of corporate liability and responsibility, when it comes to matters of corruption. In a corrupt environment, there are two parties; there is the person seeking to take advantage of the State or seeking to take advantage of their position and there is the other willing player, who does not have any objection engaging or indulging in the act. The private sectors in this country have been players and have been willing participants in corruption. Madam Temporary Speaker, if you found a sales person or a business development representative of an insurance company, for example, bribed or used corrupt means to get business--- I know that right now, there are active issues. There is an issue that has appeared before the Committee on County Public Accounts and Investment (CPAIC) regarding one of the counties where a medical insurance contract was inflated and it appears that kick-backs were given through the channel that is called “commission.” That is a matter that even the Auditor-General brought out in his report for that particular county. Are we only going to focus on the governors and procurement officers who procured the service unprocedurally? What happens to that insurance company or service providers who are also accomplices in the act? Our fight against corruption has not looked broadly into that issue of corporate liability. It is time we legislated and made it clear that if you represent an organization and you engage in kick-backs and underhand dealings, then the corporate entity is also liable. In Malaysia, they came up with Corporate Liability Law as an amendment to their Anti-Corruption Act. That has put brakes on issues of private sector corruption, because the fines are very stiff. If you are found liable, upon conviction, you shall be fined 20 times the amount involved; or I million Malaysian Ringgits or 20 years in prison. That has brought some sense of sanity in the private sector, such that if someone was to approach you that this year we are going to buy guns, and you are somewhere in the 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."
}