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"id": 1452772,
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"content": "Rudia hiyo."
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"id": 1452773,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1452773/?format=api",
"text_counter": 163,
"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
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"content": " I shall not repeat because you were asked by the Speaker to pay attention."
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"id": 1452774,
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"type": "speech",
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"content": "We are paying attention."
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"id": 1452775,
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"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
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"content": " I have told you that the Public Officer Ethics Act establishes various commissions that are responsible for overseeing the conflict of interest. Under this Act, the Powers and Privileges Committee of the National Assembly is the responsible Commission under the Act for Members of Parliament, while the Parliamentary Service Commission is the responsible Commission for members of staff. I further said that the Bill as published sought to change this by making the EACC the responsible Commission for all State and public officers. I further told you that when this House considered the Bill in the Second Reading and the Committee of the whole House, we made various amendments which sought to do a number of things, including maintaining the existing model of wealth declarations to entities that directly supervise the conduct and ethics of the various categories of public officers. In this regard, the House agreed to repeal the Public Officer Ethics Act and insisted on transferring specific provisions from the Act to the Bill. Secondly, we aligned the Bill with the responsibilities of Members of Parliament, and this is important for Members. When we considered the amendments in the Committee of the whole House, we aligned the Bill to your responsibilities as Members of Parliament on declaration of conflict of interest in parliamentary debate under the Parliamentary Powers and Privileges Act of 2017. You remember the Bill as was published was creating a conflict of interest even on matters that pertain to your work as a Member of Parliament. We sought to make those amendments during the Committee of the whole House. Thirdly, we expanded the declarations to include previous categories of public and State officers that were not expressly provided for under the Public Officer Ethics Act. For instance, that of the Chief Justice and Cabinet Secretaries. Fourth, we limited the definition of the word ‘relative.’ Those who were here during the Second Reading will recall the very broad definition of the word ‘relative’ in the conduct of affairs of a State or public officer. We limited this definition to the affairs of a State or public officer and his or her dependent children. Fifth, we prohibited public officers from contracting with public bodies in which they are employed. You will recall the Bill as published prohibited public and State officers and their broad definition of ‘relatives’ from conducting business with any entity of the Government. Hon. Speaker, the Senate, through its amendments to the Bill, reversed everything that this House passed. The Senate has deleted the proposed repeal of the Public Officer Ethics Act. This has resulted in the proposed repeal of clauses, including those on functions of the commission, participation of Members in proceedings before Parliament or county assemblies. Therefore, there The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1452776,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1452776/?format=api",
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"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
"speaker": null,
"content": "is debate that you cannot interact with as a Member of Parliament or as a member of county assemblies on the basis of what the Senate has done. There is the issue of acquisition of interest in partnerships and private companies. On restricted gainful employment, for instance, people who are here and are professional lawyers, professional accountants, etcetera, there is a register of conflict of interest where the register will give prohibitions on State officers after leaving office, having served as a State officer, what other gainful employment can you get into. We have made amendments relating to that. There is prohibition against representing people before reporting entities and declaration of income, assets and liabilities by public officers. Additionally, the Senate has deleted the Ethics and Anti-Corruption Commission as the administrator of the Bill and deleted all provisions on conflict of interest in the Public Officer Ethics Act, the Leadership and Integrity Act, and the Anti-Corruption and Economic Crimes Act. The Senate amendments are the complete opposite of what the National Assembly considered and passed in the Bill. Therefore, I move that the amendments be rejected for those reasons to allow us to proceed to mediation. I have just given the background of what we had done in this Bill and what the Senate has proposed to do in the amendments that I am calling on the House to reject. The amendments that the Senate has passed, besides negating everything that we did to make this Bill become workable… What the Senate has done – without casting aspersions on the other House – must have been informed by a huge conflict of interest in the other House. You appreciate that this is a House that has been unable to impeach even a single governor. I saw them the other day pontificating on issues to do with integrity and corruption in this country. We have restrained ourselves over the last two years from discussing the other House or even the conduct of Members of that House even under extreme provocation. We must stand with the people of Kenya. This Bill is critical in the fight against corruption. The dilution that the other House of Parliament – The Senate – has visited on this Bill makes it completely unworkable. It creates a very fertile ground for corruption and conflict of interest to continue taking root in our Republic. Therefore, we must be the bigger brother between the two Houses. We must be the House that stands with the people of Kenya, who have spoken loudly and told us that matters touching on conflicts of interest, and matters touching on theft of public resources, must come to an end. We must be the House that will stand with the people of Kenya and tell our brothers in the Senate that it will not be business as usual for governors in terms of stealing public resources and getting away scot-free with what they have stolen from the people of Kenya, knowing that they can influence what will happen in the other House and in their respective county assemblies. We must be the House that should stand with the people of Kenya in this regard. This House has the singular responsibility of being the peoples’ representatives, while the other House represents counties. Being the peoples’ representatives, we must be the ones who must today stand with the people of Kenya. Listening to what Kenyans are saying out there, this is one of the Bills that the young Kenyans, and other Kenyans of goodwill, who want a change in the manner that things are done in this country, have asked the Houses of Parliament to expedite. Therefore, we have a national duty to reject these amendments, get into mediation and show our brothers and sisters in the other House that it is only right to do what is good for the greater good of our people, and not what is good for leaders and public officers. I have heard in today’s Communication from the President, who has also alluded to this Bill as important not just for us as public and State officers to protect ourselves from unfair and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
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"id": 1452777,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1452777/?format=api",
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"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
"speaker": null,
"content": "fair accusations of engaging in corrupt activities, but also in protecting the assets of the Kenyan people against public and State officers and even people in the private sector. This Bill was misconstrued in the other House to be speaking to just public and State officers. The conduct of corrupt activities in this country is also largely driven by the private sector. The Conflict of Interest Bill also speaks to the conflict of interest by the private sector players."
},
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"id": 1452778,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1452778/?format=api",
"text_counter": 168,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Add him one minute."
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"id": 1452779,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1452779/?format=api",
"text_counter": 169,
"type": "speech",
"speaker_name": "Hon. Kimani Ichung’wa",
"speaker_title": "",
"speaker": null,
"content": "h (Kikuyu, UDA): Thank you, Hon. Speaker. I was saying that, for instance, if you look at the rot and the looting that has pervaded the National Health Insurance Fund (NHIF), it has not come out of conflict of interest by particularly State officers. Private entities have engaged in massive looting and corruption at the NHIF. Therefore, when you run a private hospital and engage with a public entity, it is only a law like the one we are making that will protect the assets of the Kenyan people. I want to call upon this House to reject all the amendments by the Senate to protect the people of Kenya from conflict of interest, corruption and wanton looting of their assets and resources. With those remarks, I beg to move and ask Hon. Mutuse, the Vice-Chair of Justice and Legal Affairs Committee, to second the Motion."
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"id": 1452780,
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"text_counter": 170,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Mutuse?"
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"id": 1452781,
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"text_counter": 171,
"type": "speech",
"speaker_name": "Kibwezi West, MCCP",
"speaker_title": "Hon. Mwengi Mutuse",
"speaker": null,
"content": " Thank you, Hon. Speaker. I second the Motion that has been ably moved by the Leader of Majority Party, proposing that the Senate amendments to the Conflict of Interest Bill that were considered by my Committee be rejected. The amendments that have been referred to this House by the Senate are very retrogressive. They are, in themselves, directly undermining the war against corruption. They are making the Conflict of Interest Bill an empty shell of its former objectives."
}
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