3 Mar 2020 in Senate:
Madam Temporary Speaker, if you have been targeted unfairly, the law also protects you in terms of the forfeiture and other issues. The Bill makes provision for members of the public to launch complaints. So, it is not only about the agencies 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.
view
3 Mar 2020 in Senate:
mandated to carry out the lifestyle audit. It is even the member of the public who can already see that there is corruption going on, who can report.
view
3 Mar 2020 in Senate:
Madam Temporary Speaker, this Bill would be more effective if the law on protection of witnesses is also enacted. This is so that those people who blow the whistle on corruption, like it is envisaged in this Bill, are protected legally. Madam Temporary Speaker, this Bill foresees deferred prosecution. Part 2 of the Bill provides for amnesty for corruption cases under a deferred prosecution agreement with the Director of Public Prosecutions (DPP). Once the investigating body establishes that there is a case to answer, a lifestyle audit is carried out. When it is determined that the person could not account ...
view
3 Mar 2020 in Senate:
Madam Temporary Speaker, the Bill also provides that the deferred prosecution agreement be concluded under the supervision of the High Court Judge. The Judge must be convinced that the deferred prosecution agreement is in the interest of justice, and has fair and reasonable proportionate terms. The Bill also has miscellaneous provisions as well. The Bill allows the court to defer publication of information to such a time as it may consider necessary. The Bill also provides that the statement of facts contained in the deferred prosecution agreement in a criminal proceeding against a person for an alleged offence shall be ...
view
3 Mar 2020 in Senate:
ways in which other people have fought corruption in terms of participation, the budgeting process and by training the communities to comment on proposed budgets. I talked about budget padding in one of my other corruption submissions. This means that by the time the budget is done by the Treasury, very influential bodies have lobbied. The prices are sometimes determined even before the bidding process by people with interest. Involving the community helps in ensuring that whatever is costed and budgeted is a close estimate and not just people throwing in figures that include their own corruption. Madam Temporary Speaker, ...
view
3 Mar 2020 in Senate:
Madam Temporary Speaker, freezing of assets for people who are corrupt can take forever. However, this Bill creates a time frame for that process. The courts have been given three months to conduct lifestyle audit. This will reduce the level of anxiety for the persons whose assets have been frozen. There is also the issue of compensation. For example, if a person targets another because of political vendetta, this Bill provides a framework whereby the person is paid back whatever they lost. If it is determined that the other person had ill intentions, he or she is held responsible for ...
view
3 Mar 2020 in Senate:
(a) any information which is contained in a Court document intended to be produced before the court, be removed or be sufficiently redacted; (b) a person shall not publish such information, or do an act that is likely to lead to the publication of such information. Madam Temporary Speaker, there is need to have regulation by EACC because they will be the main principals to conduct this exercise. In that regard Clause 38(1) provides that: “The Director of Public Prosecutions may make Regulations generally for the better carrying out into effect of this Act. (2) Without limiting the generality under ...
view
3 Mar 2020 in Senate:
Thank you, Madam Temporary Speaker. I am standing on a point of information because this has come up now for the second time. The reason why I picked the High Court was to give this a better stature. In lower courts everyone can get orders from magistrates and we will end up having people charged everywhere. That is why I raised the issue. An amendment can be brought but that is the reason for picking the High Court.
view
27 Feb 2020 in Senate:
Thank you, Mr. Speaker, Sir. I also welcome the girls to the Senate. This is where real change and real matters are discussed. I also welcome them on your behalf, being the former Governor of Bungoma. Ladies, I can tell you that girls are great and you have a lot of potential. You should make sure that you reach your potential and nobody cheats you to drop out of school because they are going to marry you. I advise you to put all those things in a bag. Girls are more intelligent than boys so work hard and meet your ...
view
27 Feb 2020 in Senate:
Thank you, Mr. Speaker, Sir, for allowing me to speak to this issue.
view