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{
"id": 1553972,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553972/?format=api",
"text_counter": 550,
"type": "speech",
"speaker_name": "Homa Bay Town, ODM",
"speaker_title": "Hon. Peter Kaluma",
"speaker": null,
"content": "I request for the circumspection on laws of this nature. Look at the provision relating to Public Benefit Organisations (PBOs). I know any lawyer, including my good friends who are serving in the Departmental Committee on Justice and Legal Affairs will agree with me that there is a problem. Let me draw the attention of the Members to Section 43A on page 115. It says: ‘‘The Authority shall have powers to oversight and monitor public benefit organisations that are at risk of terrorism financing and, in particular, shall— Periodically identify organisations that are likely to be at risk of terrorism financing and abuse.’’ Hon. Temporary Speaker, all public benefit organisations are registered under this Act by the Public Benefit Organisation Authority."
},
{
"id": 1553973,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553973/?format=api",
"text_counter": 551,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
},
"content": " Public Benefit Authority is another word for Non-Governmental Organisations (NGOs)."
},
{
"id": 1553974,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553974/?format=api",
"text_counter": 552,
"type": "speech",
"speaker_name": "Homa Bay Town, ODM",
"speaker_title": "Hon. Peter Kaluma",
"speaker": null,
"content": " What we previously called Non- Governmental Oganisations, which were initially under the NGOs Co-ordination Board, are now under the Public Benefit Act. This provision states that the Authority will regularly identify organisations that are at risk of terrorism financing and other issues. Do you know the loophole we are creating? If you want to deregister an organisation, as we saw with the complaints about some organisations during the Gen.Z demonstrations, you simply say an organisation has been identified as being at the risk of terrorism or terrorism financing, and before they even speak about it, they have been deregistered. In my view, although we must fight money laundering and terrorism, some of these provisions must be re-looked into. We must be careful to ensure that the excuses of fighting those grievous vices are not used to weaken or limit the rights of the people, or give people the leeway to determine that Hon. Farah Maalim is a terrorist, for example, and to deal with them as such. Today we are here, tomorrow we will be there. Let us take time to look at this Bill in detail for posterity and only accept things that are beneficial to the country. Hon. Temporary Speaker, for all those reasons, I personally remain opposed to this law. I thank you."
},
{
"id": 1553975,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553975/?format=api",
"text_counter": 553,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
},
"content": " Hon. Oundo."
},
{
"id": 1553976,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553976/?format=api",
"text_counter": 554,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": " Hon. Temporary Speaker, sometimes, I am surprised that we bring laws to this House without proper ventilation and without thoroughly considering the import of the law. First of all, I want to go straight to what the Leader of Majority Party always says: That if you do not understand the Bill, you should simply go to the Memorandum of Objects and Reasons to understand the gist and the objective of the Bill."
},
{
"id": 1553977,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553977/?format=api",
"text_counter": 555,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": "The Bill seeks to amend various Acts of Parliament relating to anti-money laundering, countering the financing of terrorism and countering the financing of proliferation of weapons of mass destruction in addressing the technical compliance deficiencies that have been identified arising from the Eastern and Southern Africa Anti-Money Laundering Group re- rating and review by Financial Action Task Force and matters incidental thereto. Hon. Temporary Speaker, the country needs to understand that this law is not Kenyan- generated. These amendments to the various Acts as listed are not Kenyan-generated. They are literally being imposed on us by, perhaps, some lobby group or an amorphous group, whose 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": 1553978,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553978/?format=api",
"text_counter": 556,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": "legal position or authority is unknown in this country. The Mover of this Bill, who is the Leader of Majority Party, should have had the opportunity to explain about the Eastern and Southern Africa Anti-Money Laundering Group that we are relating to is, and that has undertaken a review of Kenya and determined that several laws need to be amended. The Bill basically makes several amendments, including changes to the Proceeds of Crime and Anti-Money Laundering Act, such as replacing the word ‘Agency Director’ with ‘Agency Director-General. Those are basic amendments that I appreciate can be made. However, when we move to various amendments on specific laws, that is where the gist of the matter starts. If you look at the appendix amending Section 48 of the Anti-Money Laundering Act, it introduces new paragraphs immediately after paragraph (b) which says: ‘‘Dealers in precious metals and dealers in precious stones, when they engage in any cash transactions with a customer equal to or above US$15,000” In essence, the people of Kenya need to understand that the Bill seeks to criminalise any dealings of any money of a certain value, regardless of whether the source is genuine, clean or not. For instance, if you deal with US$15,000, then you are probably believed to be in money laundering or financing terrorism. When you go to the various Acts which will be amended by this Bill… The Hon. Temporary Speaker has mentioned the Non-Governmental Organisations (NGOs) that we used to know. They are now Public Benefit Organisations. I can tell Kenyans that this Bill will kill the NGOs. In the United States of America (USA), President Trump has killed the NGOs. This Bill will bury the NGOs literally. There was a person who used to be in charge of NGO registration. If he did not like you, for political vendetta, he would claim that the NGO you were running was meant to finance terrorism and undertake those kinds of actions. Terrorism is an ever-moving target; not a fixed target. We use it as a platform to harass, intimidate, and literally disfranchise very many communities in this country. You are again bringing another law that makes it practically impossible to support any group or village. If I have Ksh100,000 in my pocket or Parliament gives me money, I cannot take it to the Savings and Credit Cooperative (SACCO) or support any group or village. We are literally saying we are finished. I ask the Mover of the Bill to make adequate efforts to have a look at it and subject it to adequate public participation. I hope the Report they have presented has addressed the fears that we are addressing here because, at least, we have a platform to articulate the issues here. There are many silent Kenyans outside there who need to be addressed, taken to speed and be told the import of this Bill. What is the mischief in it? What is it trying to cure that the current laws cannot cure? Granted that they have changed some positions to Director, those are basic ones that can be done. However, any change to other substantive Acts – like the ones which are being changed here are quite a number… Like the one that establishes the Assets Recovery Agency and others, require thorough interrogation and enough time to ventilate on them. Thank you, Hon. Temporary Speaker. On that remark, I have sufficient reservations about this Bill. I believe that when it comes to the Committee of the whole House, we might make far-reaching amendments that the spirit of the Bill will be lost. It is important for the House leadership to reflect on either to withdraw it so that we draft it properly or allow it to be watered down to nothing without achieving what we intended."
},
{
"id": 1553979,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553979/?format=api",
"text_counter": 557,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
"slug": "george-peter-opondo-kaluma"
},
"content": " The Chairman, Departmental Committee on Finance and National Planning."
},
{
"id": 1553980,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553980/?format=api",
"text_counter": 558,
"type": "speech",
"speaker_name": "Molo, UDA",
"speaker_title": "Hon. Kuria Kimani",
"speaker": null,
"content": " I thank you, Hon. Temporary Speaker, for giving me the opportunity to contribute to this very important debate on the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill, (National Assembly Bill No. 5 of 2025). At the heart of this Bill lies a fundamental truth; the integrity of our financial system is inseparable from our national security, economic competitiveness and global reputation. 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": 1553981,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553981/?format=api",
"text_counter": 559,
"type": "speech",
"speaker_name": "Molo, UDA",
"speaker_title": "Hon. Kuria Kimani",
"speaker": null,
"content": "This is not only a routine legislative proposal but also a strategic response to an international call to action. We are debating this Bill today because Kenya is currently on the Financial Action Taskforce (FATF) Grey List and unless we act with urgency, the consequences will be severe and long-lasting. Why does this Bill matter? It is important to understand the different levels of the FATF listing and their implications. There are two main lists: You are either on the grey list or the black list. The grey list, officially known as the ‘jurisdiction under increased monitoring’ includes countries like Kenya, that have strategic deficiencies in their anti-money laundering and counter terrorism financing, but they have formally committed to resolving them within good time."
}
]
}