10 Mar 2020 in Senate:
Thank you, Mr. Deputy Speaker, Sir. This is a very good Bill. We are trying to be in line with the best international practices. In the United Kingdom (UK), for example, there is a law known as ‘Unexplained Wealth Orders,’ whereby the country tries to ensure that those who illicitly benefit from public resources never enjoy the fruits of that wealth. I, therefore, want to go on record as fully supporting this initiative because it is meant to save money that is supposed to be used for development. Devolution was a good idea and it was meant to change the ...
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10 Mar 2020 in Senate:
Parliament flatly rejected that initiative on the pretext that it was going to open up a witch-hunt and that hard working Kenyans will have their assets seized by the State because of political differences. However, we all know that even without this Lifestyle Audit Act in place, we have seen initiatives by the DCI, EACC and the KRA where people are put to task to explain how they amassed wealth that cannot match their known income. I know that there are cases reported, which have gone to court where even traffic policemen have become millionaires. There are people who are ...
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10 Mar 2020 in Senate:
in private hospitals while a few of us, who have been privileged to be put in public offices are benefiting from money that is supposed to change the lifestyle of our people. I like the idea of going after the associates of people who may be occupying influential offices because often times, what they do is that they steal through proxies. You will never see assets registered in the name of a certain individual. However, those who are close to them, what these Bill calls associates of these people, will have a lot of assets under them. Let us not ...
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10 Mar 2020 in Senate:
Mr. Deputy Speaker, Sir, as I said earlier, the Kenya Revenue Authority (KRA) has been doing this thing for a long time. KRA can write to a person and say that they have looked at your tax returns vis-à-vis your assets, and they do not match. There cannot be an abuse of power in a case where we are talking about facts. This is what you have and this is what you have declared as income. It is factual. Facts will speak for themselves.
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10 Mar 2020 in Senate:
The EACC is a statutory body with a constitutional mandate. The procedure we have put in pace is that somebody will be given a notice; there will be an opportunity for someone to come and explain so that we can know the miracles involved; how come you are in an office where you are earning Kshs200,000, but you have assets and wealth which is beyond even the Chief Executive Officer (CEO) of Kenya Commercial Bank (KCB) who earns Kshs3 million per month. Mr. Deputy Speaker, Sir, this is not right. We must be honest to ourselves and be in a ...
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10 Mar 2020 in Senate:
Mr. Deputy Speaker, Sir, that is well captured in Clause 21 Part III of this Bill. It is around the concept of plea bargaining because it gives powers to the DPP to allow people who are under investigations or who have been subjected to lifestyle audit to enter into an agreement with the DPP, so that there can be some deferred prosecution on three things happening. One, Clause 21(2) says that the DPP may, before instituting criminal proceedings against a person who is a subject of a lifestyle audit, invite that person into negotiations for the purpose of entering into ...
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10 Mar 2020 in Senate:
I think it is a grey area, but we can be trailblazers in this.
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5 Mar 2020 in Senate:
Madam Temporary Speaker, let me first join my colleagues in giving hearty congratulations to Sen. Cherargei, the Chairperson of the Committee on Justice, Legal Affairs and Human Rights for this well documented report. In a country that respects the rule of law, extrajudicial killing is something that we should never condone. This is happening after we enacted ourConstitution in 2010, which gave a lot of hopes to the people of Kenya. It was the hope and expectation of many that with the creation of the Independent Policing Oversight Authority (IPOA), we will never have impunity within the police force. However, ...
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5 Mar 2020 in Senate:
This is something that we, as leaders and representatives of the people, should not tolerate. If we were to look at the weakness surrounding the law, you can never send a thief to catch a thief, it cannot happen. Anytime this happens, a comrade, a colleague of a policeman is the one who will investigate, conduct the arrest and lead the prosecution in court. I think that system has failed. I urge the Chairperson of the Committee - my good friend Sen. Cherargei - to consider reforms within the law so that we create a totally independent investigative authority that ...
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5 Mar 2020 in Senate:
It is unfortunate that often times, the people who fall victim to these extrajudicial killings are our youth aged between 15 years and below 30 years. These are the productive youth who we need to rely on in the coming years. It is not right. If we allow this culture to take root, let us not cheat ourselves that our children will be safe. Not at all! When our children leave our houses in the morning, you do not know where they go to. They walk all over this city and they can become victims anywhere. Madam Temporary Speaker, this ...
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