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"content": "(Moved by Hon. Silvanus Osoro on 9.4.2025- Morning Sitting)"
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"text_counter": 541,
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"content": "(Resumption of debate interrupted on 9.4.2025- Morning Sitting)"
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"content": "(Hon. Murugara spoke off the record)"
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"text_counter": 543,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
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"content": " Hon. Kaluma, you had a balance of time. Order, Hon. Murugara."
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"id": 1553966,
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"text_counter": 544,
"type": "speech",
"speaker_name": "Homa Bay Town, ODM",
"speaker_title": "Hon. Peter Kaluma",
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"content": " Thank you, Hon. Temporary Speaker. When we last adjourned on this particular Bill, I was making the point that some matters are too serious to be left to regulations. It is so grave where delegated legislation authority is being vested by this House anywhere, particularly where penalties of up to ten years, Ksh10 million or Ksh20 million are being proposed. It is not a misdemeanour. Preferably, it should be within the body of an Act of Parliament. Where that is not so, such penalties could be prescribed in regulations. The Committee on Delegated Legislation should not just table the regulations in this House for purposes of noting or approval. This House must debate them, and the approval of the House duly signified. 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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"text_counter": 545,
"type": "speech",
"speaker_name": "Homa Bay Town, ODM",
"speaker_title": "Hon. Peter Kaluma",
"speaker": null,
"content": "If you look at all the statutes, even where we can put items in regulations, the House normally vests some regulation-making authority at the very end. If you look at all the statutes in which various regulations with sanctions are proposed, they have regulation-making provisions. We cannot have a provision relating to regulations in some nature in a statute and then give a general provision. Therefore, in terms of form, even where we are proposing regulations, let all provisions relating to making regulations be within the provision that is usually at the end of a statute to deal with those matters. I have a problem with what is at page 77. There is a Clause 4 on regulations at the bottom. When you go over to page 50, there is a provision relating to the Betting, Lotteries and Gaming Act. An amendment at sub-clause (f) of that page says that this authority can impose monetary, civil or administrative sanctions for violations that are related to the anti-money laundering provisions. You see, that authority is being given power to impose civil sanctions. That includes monetary and administrative sanctions. First, the meaning and types of administrative sanctions is not defined. Secondly, it is also not confirmed whether that agency or authority is at this level sitting as a court of law or a quasi-judicial body. As you know, you cannot decide on a person's property, liberty, or money without affording that person a hearing. If that hearing is going to be afforded before the authority metes such sanctions, that judicial or quasi-judicial authority must first be vested in the authority by law. Secondly, there must be secure provisions confirming an impartial and independent tribunal - not an authority making this determination on their own - will hear the person within Article 50 of the Constitution. If you look at the provisions in this Bill with the various Acts of Parliament, it is repeated across. If you look at Section 42A on page 75 of the Bill, the provision is not limited to the statutes that are specified. It says that it will relate to the Financial Reporting Centre, all supervisory bodies and self-regulating bodies. All bodies falling under that category will be obligated. The Bill also has provisions imposing very onerous obligations on the bodies that are mentioned in Section 42A. In fact, let me tell the House that the accountants’ body, the certified public secretaries’ body and others that have not been specifically mentioned but are captured in section 42A, like the Law Society of Kenya, will essentially peep behind their members to see whether they comply. Remember if the regulatory bodies do not do that, they will be sanctioned. That provision should be looked into keenly."
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"id": 1553968,
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"text_counter": 546,
"type": "speech",
"speaker_name": "Homa Bay Town, ODM",
"speaker_title": "Hon. Peter Kaluma",
"speaker": null,
"content": "There is a provision that says the Authority will take such action as is necessary to supervise and enforce compliance by reporting institutions. This is serious. When you have a situation where a body can sanction any Kenyan for acts as serious as terrorism, money laundering…"
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"id": 1553969,
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"text_counter": 547,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
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"content": " Give him an additional five minutes."
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"text_counter": 548,
"type": "speech",
"speaker_name": "Homa Bay Town, ODM",
"speaker_title": "Hon. Peter Kaluma",
"speaker": null,
"content": " Hon. Temporary Speaker, a body is being empowered to take such action on an act of terrorism. Hon. Murugara and I have defended people who have been wrongly accused of terrorism. There is a time when people fundraised for a mosque in Eastleigh, and there was a gentleman called Babatunde Taiwo, who was appointed by the United Nations to sit in this country and prepare a report on terrorism in the Horn of Africa. He used to sit at Westgate Mall. I am telling you this from experience. If you had a grievance with anybody, you just needed to approach Babatunde Taiwo where he was taking coffee and give him some money to mention the people you had a grievance with. People who cannot even hold a firearm were mentioned and blamed for coordinating terrorism in the Horn of Africa. They are people I had known for a very long time. Those for whom we did not intervene disappeared and it has never been known where they went to date. 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": 1553971,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553971/?format=api",
"text_counter": 549,
"type": "speech",
"speaker_name": "Homa Bay Town, ODM",
"speaker_title": "Hon. Peter Kaluma",
"speaker": null,
"content": "The emphasis I am making is that when we have a law dealing with a serious matter like money laundering or terrorism, let us be careful to ensure that it is specific and restricted in terms of enforcement and no much discretion is left to the enforcers. We should not have a situation where a person is targeted for personal or political grievances or for whatever reasons. You may deposit money to a Sacco and then someone says that, that is money that is being laundered, without evidence, and they guillotine you."
}
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