{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=150351","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=150349","results":[{"id":1521692,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1521692/?format=json","text_counter":252,"type":"speech","speaker_name":"Sen. Abdul Haji","speaker_title":"The Temporary Speaker","speaker":null,"content":" Sen. Wakili Sigei, proceed. Give Sen. Wakili Sigei the microphone."},{"id":1521693,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1521693/?format=json","text_counter":253,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"","speaker":null,"content":"Thank you, Mr. Temporary Speaker, Sir. I already have it. I beg to move that- The Senate adopt the report of the Mediation Committee on the Conflict of Interest Bill (National Assembly Bill No. 12 of 2023). This particular report was laid on the table of the house on 5th December, 2024. As I move this particular Motion, it is incumbent upon me to run Members through the very salient issues we dealt with during the joint sitting of the National Assembly and the Senate Justice Legal Affairs and Human Rights Committees."},{"id":1521694,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1521694/?format=json","text_counter":254,"type":"speech","speaker_name":"Sen. Abdul Haji","speaker_title":"The Temporary Speaker","speaker":null,"content":" Sen. Wakili Sigei, I am sorry. Could you please move the Motion properly as indicated on the Order Paper, and then you can explain?"},{"id":1521695,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1521695/?format=json","text_counter":255,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"","speaker":null,"content":"Thank you, Mr. Temporary Speaker, Sir. I will go through it again. I beg to move- 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":1521696,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1521696/?format=json","text_counter":256,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"","speaker":null,"content":"THAT, the Senate adopts the Report of the Mediation Committee on the Conflict of Interest Bill (National Assembly Bills No. 12 of 2023), laid on the table of the Senate on Thursday, 5th December, 2024 and further that pursuant to Article 113(2) of the Constitution and Standing Order 167(3) of the Senate, approves the mediated version of the Bill."},{"id":1521697,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1521697/?format=json","text_counter":257,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"[The Temporary Speaker (Sen. Abdul Haji) left the Chair]"},{"id":1521698,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1521698/?format=json","text_counter":258,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"[The Temporary Speaker (Sen. Mumma) in the Chair]"},{"id":1521699,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1521699/?format=json","text_counter":259,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"","speaker":null,"content":"Thank you, Madam Temporary Speaker. I needed to allow the Chair to settle down before proceeding. The National Assembly passed this particular Bill on the 30th November, 2023. It was amended and passed by this House, that is, the Senate, on the 4th June, 2024. The Senate's amendments were thereafter forwarded to the National Assembly for consideration. Thereupon, on 24th July, 2024, the National Assembly rejected the proposals for amendments made by this House in the course of its consideration of the Bill. Pursuant to this particular rejection, a Mediation Committee was established. This committee, for purposes of record for this House, comprised the following Members: Sen. Omogeni, Sen. Mohamed Faki, Sen. Maanzo, Sen. Crystal Asige, Sen. Gloria Orwoba, Sen. Mungatana, Sen. Joe Nyutu and Sen. Chute. I co-chaired this committee with Hon. Murugara, the Chairperson of the Justice and Legal Affairs Committee of the National Assembly. We had seven sittings, during which we went through the various contentious issues and clauses on this particular Bill. I will just highlight a few of them. This Bill is an admission of the conflict of interest aspect, which, in line with Article 79 of the Constitution, was to reinstate the administration to the Ethics and Anti-Corruption Commission (EACC) as a primary enforcement authority or body. The earlier proposal and the amendments that this House made had expanded the primary authority not to domicile from the EACC, but other bodies. Following consideration by the joint committee, the committee concluded that it is incumbent upon the EACC to be the primary authority or the primary organ to administer the Act, and the two Houses mutually agreed. That is membership from the National Assembly and membership from this particular House. Secondly, another important provision that was agreed upon was regarding a public officer having personal gain in situations where a conflict of interest can be apparent. In this particular case, Members agreed that as long as you were holding a public office, there was a high likelihood that you would have personal gain in an aspect where a conflict of interest can be seen to be apparent. Madam Temporary Speaker, in instances where, for example, an issue is before the House being debated in one or two of the proceedings of the House, as a member, you must, or you are required by law, and in this case, this particular law, to disclose that fact. 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":1521700,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1521700/?format=json","text_counter":260,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"","speaker":null,"content":"You make a choice or the praesidium at that time makes a choice as to whether you should be allowed to participate in such proceedings or not. It will affect not only the Committee of the Whole, but also the various standing committees of the National Assembly and the Senate. Where a Member has disclosed that a conflict of interest could exist, it is upon the chairperson who is presiding over that particular committee to choose whether such a member will continue sitting in the committee or not. This provision was unilaterally agreed upon. This is because of the desire to guard and protect the public and state officers from being exposed while participating in proceedings. They will be seen to have either influenced or, in one way or another, involved themselves in making sure that a position that would be either prejudicial to the public or in benefit to them if they are allowed to participate. That is one crucial provision that members agreed to. Thirdly, there is also a provision that was a bit contentious regarding the prohibition by law of dual employment of public officers. In this particular aspect, the Senate declined it. However, the National Assembly pushed that we need not have a public officer have dual employment. The position the committee took already exists in other laws. Madam Temporary Speaker, just for the sake of this Conflict of Interest Bill, including it is redundancy in the enactment of laws. Members agreed unanimously to reject the inclusion of that provision because it is already a provision in the Public Officers Ethics Act, which is an existing law. It was superfluous to include that particular provision in the Conflict of Interest Bill. The committee jointly agreed that that provision be deleted. In regards to the aspect of the declaration of income, assets or liabilities by members; in this particular Bill, the EACC was required to be involved in ensuring that such forms are filled in a more extensive way than the one that exists currently in law. The committee was cognizant of the fact that the Public Officer Ethics Act has a provision requiring any public officer to make annual declaration of their assets, liabilities and income. There is an existing schedule that shows how people are supposed to fill and disclose those particular requirements on an annual basis. Therefore, where there is such an existing provision, it will not be necessary to introduce it in law. Similarly, it was agreed by members that it will be unnecessary to amend the schedule which serves that particular purpose in the existing law. Therefore, members unanimously agreed that that particular provision be excluded in the final draft. Another interesting provision that was considered in the course of this particular engagement by the joint committee was the requirement of a public officer who is subject to investigation to be asked to step out of office for the entire period of investigations. We are all aware that in this country, whenever there is any investigation, it is not known for how long the process can take to conclude. This law seeks to introduce a limitation on the time of suspension from an infinite period to 90 days. Whether or not investigations are concluded within 90 days; if the period lapses, the person should be allowed to resume office. If the investigating agency 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":1521701,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1521701/?format=json","text_counter":261,"type":"speech","speaker_name":"Sen. Wakili Sigei","speaker_title":"","speaker":null,"content":"seeks to extend that period, they should do so pursuant to a judicial process, so that we protect the interest of a person who is a subject of investigation as well as the public entity in the event of abuse of office or resources. In the event of abuse of office, we are able to protect both the victim and the office. If we allow investigations to continue forever, people might abuse it. In most cases, when we do not want people to get back to office, they delay investigations, for instance, until when their contract or term in office ends or for whatever period of time they deem appropriate in the interest of those doing investigations. As a committee, we agreed that if you are a subject of investigation, the timeline within which investigations should be done is 90 days. Failure to which, the agencies must seek an extension through the normal process, whether judicial or otherwise. They must formally do that, so that we enable and facilitate such investigative agencies to be efficient and conclude investigations. If it is a matter of protecting public resources, that can be done within a reasonable time. Madam Temporary Speaker, I want to conclude by saying that the entirety of the Bill and concerns which were contentious as raised by the Senate and the National Assembly were dealt with by the joint committee in the seven sittings that were convened and a final draft has been tabled before this House. I request Members of this House to support this Motion, so that the Bill can finally be approved and enacted by the National Assembly, having put into consideration the concerns that were raised by those who participated in the stakeholder engagement or public participation. The fact that the National Assembly having also done their bit in public participation prior to them coming up with the Bill. This House has considered contributions from a number of stakeholders, including the EACC, which will be the primary entity that will administer this Act, among other players, who also brought in their concerns, which were considered by the Committee on Justice, Legal Affairs and Human Rights. Ultimately, the draft that was brought back is the subject of this particular Motion. The Motion before this House today is one that has put into consideration matters beyond the committee and House. Therefore, I urge Members to support it. Madam Temporary Speaker, I would like to request Sen. Eddie Oketch to second this Motion. I thank you."}]}