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"content": "(Laughter)"
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"speaker_name": "Hon. Peter Kaluma",
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"content": " No! I am coming to that. To constantly raise a point of order when you are not recognised is in itself disorderly. You have to be recognised first. Hon. Murugara, in addition to what you want to say, I want you to open page 96. This is in respect to the Sacco Societies Regulatory Authority (SASRA). Right?"
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"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
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"content": " Yes."
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"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
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"content": " If the Authority can impose monetary, civil, or administrative sanctions for violations related, what are those administrative sanctions? Will there be a hearing and, if so, under what provision? 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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"speaker_title": "Hon. George Murugara",
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"content": " I will start with the use of the word “periodically”. Whether we say constantly or we say from time to time, all of it is periodic. It may be daily, monthly or whatever. I do not think there is any harm with the semantics of periodical. It purely places an obligation that from time to time, there is detection. Remember this is a very complicated topic we are dealing with on terrorism. Many actors are involved. Whenever suspicion is raised, it is called “flagging”. You have to flag that entity and then proceed from there. This is what we are trying to do especially now that this obligation is not provided for in the main Act. This is why we have provided it in this particular Act."
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"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
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"content": " So, once the organisation is identified, what do you do with the identification?"
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"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
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"content": " The law requires you to make a report to the relevant centre so that we know what happens next. Now, there is a jittery feeling about the imposition of monetary, civil or administrative sanctions, but what I have in mind here is that this is anti-money laundering. This is in respect of the Public Benefits Regulatory Authority (PBRA) and the SASRA. Those are the people who receive money. What we are doing here is making a provision that if money is received and it is suspected to be money being laundered, they can take action immediately by ensuring that, that money is safeguarded in the interim as the rest of the action is being taken by either the PBRA or the Financial Reporting Centre (FRC). There must be an interim measure of protecting the money, which is purely administrative. That is what is being provided for. It is not a question of your rights being deprived quickly. If we do not do it, a similar thing will happen like what happened to one of the banks here. Money came from wherever it came from, there was an order of injunction restraining the money from being withdrawn, and when one judge lifted it, in less than 10 minutes, the money was gone. That is the work of money laundering. Once you are detected or you believe you are being detected, you move the money as quickly as you deposited it. That is why we are making a provision that in the interim, we have some reasons to preserve the money so that we can move on to establish whether it is proceeds of money laundering or not."
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"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
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"content": " Thank you very much. Hon. Memusi Kanchory, you are recognised. Proceed."
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"speaker_name": "Hon. Memusi Kanchory (",
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"content": "Kajiado Central, ODM): Thank you, Hon. Temporary Speaker, for giving me this opportunity. I stand to support this amendment Bill on the fact that it seeks to seal loopholes in 10 potential areas that can be used or have been used for money laundering. Allow me to briefly explain to the House the reasons Kenya is on the grey list. We are on the grey list for three reasons. They are: Weak counter financing terrorism laws; weak anti-money laundering (AML) supervisory and regulatory laws and weak supervisory by supervisors and regulators due to lack of adequate regulatory framework. Those are just a few areas why we are on the grey list. As we speak, our neighbours in Tanzania are putting measures such as these ones to get out of the grey list. There are no laws that stand alone. Every law is anchored on the Constitution. Issues that are being raised here, that people will be condemned unheard, are all lies. The Constitution provides for administrative justice. Right now, our banks require you to declare the source of any money that is above Ksh1 million. I do not see why these regulations are being taken as if people will be condemned if they bring in amounts that they just need to explain. I want my colleagues to look at the bigger picture. The economy of this country depends on good laws to be passed. Anti-money laundering laws will bring in investors to this country. This House is a representative of people. We must look at the security of our people. As much as we are alarmed when we talk about financing terrorism, it is financed by money laundering. With those few remarks, I support. 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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