{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=138222","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=138220","results":[{"id":1398621,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398621/?format=json","text_counter":271,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"The Temporary Speaker","speaker":null,"content":" Subsequent to the request by the Senate Majority Leader, who is the Mover of the Bill, the Division and voting on the Bill is deferred to the next sitting of the House pursuant to Standing Order No. 66(3)."},{"id":1398622,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398622/?format=json","text_counter":272,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Putting of the Question on the Bill deferred)"},{"id":1398623,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398623/?format=json","text_counter":273,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"The Temporary Speaker","speaker":null,"content":"Clerk, next Order."},{"id":1398624,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398624/?format=json","text_counter":274,"type":"heading","speaker_name":"","speaker_title":"","speaker":null,"content":"BILL"},{"id":1398625,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398625/?format=json","text_counter":275,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"Second Reading"},{"id":1398626,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398626/?format=json","text_counter":276,"type":"heading","speaker_name":"","speaker_title":"","speaker":null,"content":"THE CONFLICT-OF-INTEREST BILL, 2023 (NATIONAL ASSEMBLY BILLS NO.12 OF 2023)"},{"id":1398627,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398627/?format=json","text_counter":277,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"The Temporary Speaker","speaker":null,"content":" Senate Majority Leader, proceed."},{"id":1398628,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398628/?format=json","text_counter":278,"type":"speech","speaker_name":"Sen. Cheruiyot","speaker_title":"The Senate Majority Leader","speaker":{"id":13165,"legal_name":"Aaron Kipkirui Cheruiyot","slug":"aaron-cheruiyot"},"content":" Thank you, Mr. Temporary Speaker, Sir. I beg to Move that the Conflict-of-Interest Bill, 2023 (National Assembly Bills No.12 of 2023) be now read a Second Time. The Conflict of Interest Bill, 2023 (National Assembly Bills No.12 of 2023), was published by the Kenya Gazette, No.41 of 2023. Our colleagues in the National Assembly considered this Bill and sometime in November last year, they passed and referred it to the Senate for consideration. At the time of referring this Bill, we had just proceeded on recess. Having come back, I feel that it is time that we consider this Bill. This is an extremely important Bill. There is no hiding that corruption is a national shame and that one of the avenues that have been identified as the enablers of corruption in this country is this animal called The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1398629,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398629/?format=json","text_counter":279,"type":"speech","speaker_name":"Sen. Cheruiyot","speaker_title":"The Senate Majority Leader","speaker":{"id":13165,"legal_name":"Aaron Kipkirui Cheruiyot","slug":"aaron-cheruiyot"},"content":"the conflict of interest. This where public officials and state officers take advantage of their position to enhance their own personal interest as opposed to public interest. If you do not curb this vice, I am afraid you may not have a country to write about in the next few years to come. Therefore, I urge colleagues, that you take time, listen and debate this Bill with all the energy and vigour that you can summon. If you live in a country where industry pays less than politics, then you know that there is a problem. In a country where industrialists are poorer than members of the political class, because, say, for example, those in the political class and those within the realms of Government are able to flex their policy making position and powers to the advantage of their own interests, against the public good, then you find yourself in a very difficult situation. This has been one of the greatest inhibitors of growth in our country and that is why our country for so long cannot take off and join the middle-income economies, yet it is blessed with so much potential. Additionally, it should be a country that many people can look up to. Hitherto, everybody appreciates that we have a well-educated workforce. Our human capital is the envy of the world and that when Kenyans are granted an opportunity they thrive and excel. However, because of issues such as what we are confronting in this particular Bill, we are unable to get to the next level. Mr. Temporary Speaker, Sir, it is until we all summon our collective strength and conscience to believe that there is a greater sense of moral good when the country thrives even better than you as an individual do. That, when you are granted the opportunity to serve in a public office, be it as an elected official or a public servant, you must remember that it is that poor young man in the village or poor old lady that perhaps walk barefoot, that has granted you the opportunity to use that office to make their life better. I am particularly impressed that this Bill provides that opportunity for us to move in that direction. I will quickly move to the various sections of the Bill. Article 73(2) of our Constitution provides guiding principles of leadership and integrity. Further, Article 75 requires a State officer to behave, whether in public and official life or sometimes even in private and in association with other persons, in a manner that avoids conflict of interest between that personal interest and their official duties, which may end up compromising your official interest in favour of personal interest. This is a point which I have just taken time to explain, that many countries that have been firm, fluid and fluent on matters corruption and slaying the dragons of conflict of interest, have succeeded and excelled. When people know that public office is only accessed with a sense and the desire to serve the public, those countries have moved ahead and thrived. Unfortunately, that has not been our story and we must be the generation and Parliament that eventually turns this around. Clauses 1 to 4 of the Bill provide for preliminary matters. I will not take a lot of time looking into that. Part III of the Bill, which consist of Clauses 8 to 29, defines the various situations that amount to conflict of interest and imposes obligations to public officers to either avoid situations that will result in conflict of interest or prohibits them from engaging in activities that will make you or put you in a situation where private interest is on a The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1398630,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398630/?format=json","text_counter":280,"type":"speech","speaker_name":"Sen. Cheruiyot","speaker_title":"The Senate Majority Leader","speaker":{"id":13165,"legal_name":"Aaron Kipkirui Cheruiyot","slug":"aaron-cheruiyot"},"content":"collision course with public interest. All these issues are defined in Clauses 8 to 29, so that a public official will not come back and say, I did not know that this was wrong, including the Members of Parliament. As you debate on a Bill, you are duty-bound to make declaration of interest on this Floor. The same is provided for in our Standing Orders, but now it will be provided in statute. This will enable one to say: “On this matter, I am afraid I may not provide the best of judgment because I know this client or company. I do business with them.” and so on and so forth. This will enable the Speaker to determine that already, as a human being you are biased. It is impossible to divide yourself into two. So long as you are into business or private relationship with an entity or an individual that is before this House, the same applies. All those offences are listed. Part IV of the Bill, which is Clauses 30 to 38, provides for compliance measures. It tells what you need to do because you are duty-bound. Situations will arise where you are serving in a public office, then something comes across. Mr. Temporary Speaker, Sir, an advocate of the High Court such as you, it is possible that at one time you will represent an entity which becomes subject to investigations in the Senate. It is provided in Clauses 30 to 38 on what compliance measures you are supposed to take as a public officer, where a private interest has been in conflict and what you are supposed to do. You either recuse yourself or declare the income and assets and liabilities by public officers and your diversions there on. Part V of the Bill, which comprises of Clauses 39 to 42, provides for the lodging of complaints against the conduct and investigation. It sets out the procedure for reporting any violation of this Act to the Commission and the reporting entities. It provides temporary vacation of office by public officers who are under investigation and stipulates the recommendation that may be made by the Commission to a reporting entity upon the conclusion. This is where the rubber meets the road. Once it has been declared that there is possible conflict of interest that you did not act in a manner that is in the best interest of the public on what is supposed to happen, the Ethics and Anti-Corruption Commission (EACC) or whatever investigative entities, are to deal with you. Part VI of the Bill, which is Clauses 43 to 48, are just miscellaneous provisions, which provide for the penalty on issues such as filing of returns and the power of Attorney General (AG) to make regulations and repeal the Public Officers Ethics Act. Finally, Part VII of the Bill, which is Clauses 49 to 51, is the saving and transitional clauses, which provides for the Public Officers Ethics Act, the Leadership and Integrity Act and many of the clauses, which are being succeeded by this Act. In conclusion, I urge Senators to take time to read this Bill, debate it and provide insight on how to make it better, given that we have personal interest in this matter because it affects us. It is important that you speak about it and share ways in which the Bill can be made better. I am sure, tomorrow, when the report by the Standing Committee on Justice, Legal Affairs and Human Rights is tabled on this Bill and what Clauses you want us to make better, it will be for the good of the country. With those many remarks, I beg to move and request the Senator for Kakamega County, our Majority Whip, Sen. (Dr.) Khalwale, to second. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."}]}