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"speaker_name": "Sen. Farhiya",
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"id": 13179,
"legal_name": "Farhiya Ali Haji",
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"content": "Yesterday, Sen. (Prof.) Ongeri asked about deferred agreement. If you say what your crimes are and give back all the proceeds you got from that financial malpractice, then there is an opportunity to negotiate, so that you are not made criminally culpable. You then return all the assets that you acquired as a result of that."
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"type": "speech",
"speaker_name": "Sen. Farhiya",
"speaker_title": "",
"speaker": {
"id": 13179,
"legal_name": "Farhiya Ali Haji",
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"content": "Secondly, if you wronged a third party in that process, then you need to restitute that person. This is about the deferred prosecution, and there is a bigger process that takes care of that. There is a very clear procedure on how that should be done, including having a lawyer to represent you as you negotiate the deferred agreement. You also have an option of refusing that deferred agreement, so that you get out of it and let the court take its course. Those are available options."
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"text_counter": 318,
"type": "speech",
"speaker_name": "Sen. Farhiya",
"speaker_title": "",
"speaker": {
"id": 13179,
"legal_name": "Farhiya Ali Haji",
"slug": "farhiya-ali-haji"
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"content": "Some Senators commented that whenever Bills are brought here, they are always creating new institutions. This Bill is using the existing institutions to ensure that we make them work better, instead of creating new ones to do what these ones can do. I got compliments for that. Thank you."
},
{
"id": 973362,
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"text_counter": 319,
"type": "speech",
"speaker_name": "Sen. Farhiya",
"speaker_title": "",
"speaker": {
"id": 13179,
"legal_name": "Farhiya Ali Haji",
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"content": "There was also a suggestion on the Floor that I should give this Bill to the Building Bridges Initiative (BBI), so that it comes as a recommendation for a constitutional amendment. However, I feel that it will not help because the Constitution can just become a framework and not as detailed as this Bill. I feel that this House still needs to continue with this Bill, so that we get maximum benefits out of it. Mr. Deputy Speaker, Sir, Sen. M. Kajwang' suggested that we should have transnational justice as well. If there is transnational crime, this law should provide for a framework where the people who have committed--- Someone commented about what happened in the ‘Chickengate’ scandal. Those people who witnessed there can be compelled to give witness here, so that all loose ends are tied up. Many people also said that people are employed to serve and not enrich themselves. So, the Bill is good. It also discourages theft, and people gave an example of some police officers who had over Kshs200 million in their accounts, while if you calculate their income---"
},
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"id": 973363,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/973363/?format=api",
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"type": "speech",
"speaker_name": "The Deputy Speaker",
"speaker_title": "",
"speaker": null,
"content": "(Sen. (Prof.) Kindiki): Were the examples from people or Senators?"
},
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"id": 973364,
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"text_counter": 321,
"type": "speech",
"speaker_name": "Sen. Farhiya",
"speaker_title": "",
"speaker": {
"id": 13179,
"legal_name": "Farhiya Ali Haji",
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"content": "I am Sorry, Mr. Deputy Speaker, Sir. They were from Senators. I apologise; Senators said that. As Senators contributed, I also found a gap in this law. While it is very clear when the account is frozen and how cash is handled, it is not clear in terms of assets transfer. Of course, some of it will come under deferred agreement, but in terms of the legislation, it needs to be tightened up so that asset possession is also clear the way cash handling is very clear. I am not a lawyer, but the people who helped me prepare this law thought that, that is in another law and it was not necessary to have it here. I will make a clarification on that. Some Senators mentioned that it will make the process of lifestyle audit to be a real issue instead of a street issue. Others felt it can be used to witch-hunt. If it is used to"
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"id": 973365,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/973365/?format=api",
"text_counter": 322,
"type": "speech",
"speaker_name": "Sen. Farhiya",
"speaker_title": "",
"speaker": {
"id": 13179,
"legal_name": "Farhiya Ali Haji",
"slug": "farhiya-ali-haji"
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"content": "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."
},
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"id": 973366,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/973366/?format=api",
"text_counter": 323,
"type": "speech",
"speaker_name": "Sen. Farhiya",
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"speaker": {
"id": 13179,
"legal_name": "Farhiya Ali Haji",
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"content": "witch-hunt now, whoever is politically aligned will survive, but as long as this Bill exists, even those who are politically ‘correct’ now might not be ‘correct’ in the next or subsequent election. Mr. Deputy Speaker, Sir, if that is the fear of the people, there is always an avenue. We cannot fear making laws because people feel they will be victimized. Who said there is someone who will be the president of this country or in power permanently? There are never permanent positions. Things change; if they victimize you, you can also use that if they have acquired, and get them as well. For me---"
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"speaker_name": "The Deputy Speaker",
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"content": "(Sen. (Prof.) Kindiki): Are you admitting that there are chances that through your Bill, people will be victimized, but there is a remedy because they will also victimize others? Is that your argument? Be careful, Sen. Farhiya, with the kind of arguments you pose. If I were you, I would say that it is a good law and nobody will be victimized, and leave it at that. It is not an academic exercise. You do not have to tell the country that: “Yes, you might be victimized, but tomorrow you will use the same law to victimize other people.”"
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"id": 973368,
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"type": "speech",
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"speaker": {
"id": 13179,
"legal_name": "Farhiya Ali Haji",
"slug": "farhiya-ali-haji"
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"content": "Mr. Deputy Speaker, Sir, all I am saying is that there is no permanent---"
}
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