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{
"id": 977543,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/977543/?format=api",
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"type": "speech",
"speaker_name": "Sen. M. Kajwang’",
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"speaker": {
"id": 13162,
"legal_name": "Moses Otieno Kajwang'",
"slug": "moses-otieno-kajwang"
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"content": "private sector and then you are convinced to start giving out hand-outs or bribes to get the guns tender, then it is not just the person who was purporting to be offering the guns tender who will be on the spot, but also the person who is giving the bribe and not just the individual but the entire organization that he represents. So, whenever we go out to have these conversations on anti-corruption, it is important that we come back home with a finding or with some revelation that we can make part of our legislation and legal regime. In that particular Malaysian example, I believe that the corporate liability issue is something that Kenya can learn from. When we looked at Malaysia’s infrastructure for fighting corruption, we realized that Kenya has a far superior infrastructure for fighting corruption, but less results. Therefore, the fight against corruption is not about tools and infrastructure, it is about the will. As they say, fish begins to rot from the head. Therefore, that will must come from the top or the highest level. I am glad that we, as the Senate, who are the defenders and protectors of devolution, have always decried the high rate of graft in counties. We have always decried the waste and lack of value for money for initiatives in counties. I am glad that this Senate, in this 12th Parliament, has processed a successful impeachment. In the last Parliament, we dealt with a number of impeachments, and none of them was successful. I am glad that in this Senate, we are discussing circumstances where a county has decided that they are unable to deliver directly, and they have asked for help from the national Government. We are getting into some un-chartered waters. This Constitution is like a mansion with many rooms, some of which no one has stepped into. When the Nairobi City County Government ceded some of the key functions that a county government is supposed to offer to the national Government, we entered a room that we have never gone into before and questions are bound to arise. The challenge we have, as the Senate, is not to mourn like the hawker out there, or the photographer who takes photos of people outside the Kenyatta International Convention Centre (KICC) and City Hall. We have a responsibility to provide direction and solutions. Even when we debate, we should not be seen to be crying, desperate, clueless or surprised. The debate that should come to this House with regard to the issues of Nairobi and how to ensure that there is value for money should be solution-oriented. Since part of the reason we have problems in our counties – where governors have been told to step aside or stay out of office, is directly related to corruption. Madam Temporary Speaker, there have been ideas that we make the Ethics and Anti-Corruption Commission (EACC) a constitutional Commission that is entrenched in the Constitution. However, the question is, what have they done with the powers that they currently have? How many of their investigations have resulted into prosecutions and convictions? We see that there is a problem with this progression of cases from the EACC to the Directorate of Public Prosecutions (DPP), particularly in cases of counties. In the last Session, we had an EACC representative sitting in the CPAIC, who could tell us that, “With respect to county ‘x,’ we have concluded investigations into almost 10 cases and forwarded the files to the DPP.” Then what happens at the DPP? It is total and complete silence. 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."
}