James Orengo

All parliamentary appearances

Entries 1011 to 1020 of 4273.

• 11 Mar 2020 in Senate: would find that the death of Kibos Sugar Company can bring down the only major investment in that part of the world. If I am not wrong, they are, in fact, the biggest taxpayer in terms of rates and others to Kisumu County Governments. Sen. Outa is here. Mr. Speaker, Sir, whereas environmental questions are important – and I am an avid supporter of the protection and conservation of the environment – I think NEMA should do things properly. Many times, you find that a decision is made and it does not comply with the law. If it does, it ... view
• 10 Mar 2020 in Senate: Thank you, Mr. Speaker, Sir. I also join the Senate in passing my condolences, those of my family and the people of my county. Hon. Dori was doing his second term. To many people, he was a quiet politician. He was not the kind of politician who speaks loudly everywhere, for example, in funerals. Yesterday, when we were attending his funeral, we were told to keep away from the normal pontificating that we hear in other funerals. That went with the appreciation of the local community and some of us who worked with him know of the quiet work he ... view
• 10 Mar 2020 in Senate: Thank you very much, Madam Temporary Speaker. I also rise to support this Bill. I give it my full support. This is a big contribution in providing additional tools in the war against corruption. As you may be aware, we have several tools for dealing with corruption or ensuring that those in public office do not use those offices to obtain wealth or resources that are otherwise unjustified. The history that we have had in this country is that when these tools are created, the degree of success that we have registered is very minimal. You know that we have ... view
• 10 Mar 2020 in Senate: one of the people who believe that prosecutions are never really effective in dealing with corruption as a vice or as a basis for recovering wealth that probably had been corruptly acquired. As I have stated so many times before, dealing with corruption begins with how the Government is organized, so that all the loopholes for opportunities to commit these acts of corruption with impunity are closed. This is because prosecutions take time. The courts are sometimes overloaded and the manner in which prosecutions are conducted requires resources, professional people, and evidence collection. Simply putting it, prosecution is not always ... view
• 10 Mar 2020 in Senate: and it is properly implemented, it will be an effective way of reducing this cancer called corruption in Kenya or completely eradicating it. If we were not talking in this Chamber where we have got rules on debate, if names were to be mentioned in this Chamber of public officers or those in political office who by virtue of that office have acquired wealth that even if you were to share a cup of tea with some of the richest people in the world like Bill Gates and Bezos of Amazon, they will tell you that that wealth could not ... view
• 10 Mar 2020 in Senate: that is abused by the investigating agencies. Therefore, we should do something a little better than what I have seen here. I think Sen. Farhiya is trying to point out to me that there is a provision. However, what is there is not good enough. In fact, even in The Anti-Corruption and Economic Crimes Act, there is a provision which limits that instrumentality of search and seizure. Since the provisions in The Anti-Corruption and Economic Crimes Act are limiting, they have specific provisions dealing with search and seizure. However, since they are limiting, the investigating agencies prefer going by the ... view
• 10 Mar 2020 in Senate: That is a very dangerous provision. Who determines that there are exceptional circumstances? Even when the courts try to define the “exceptional circumstances”, by the time the issue arises, a lot of danger could be caused to the person. I am afraid that “Exceptional circumstances” is not good enough. In fact, the procedure in the Criminal Procedure Code is far much better than that clause, because that provision says that you must go before a magistrate and offer evidence to prove that there is a basis for conducting a search and seizure. I plead with her, knowing how investigating agencies ... view
• 10 Mar 2020 in Senate: Sen. Farhiya should know that when it comes to execution of search warrants, Sections 119, 120 and 129 of the Criminal Procedure Code shall apply. That should also be looked into, because these are the sections that many investigating agencies run to. As I have pointed out, in the Anti-Corruption and Economic Crimes Act, there are provisions which are more protective of the right to privacy but they are not absolute rights to privacy. view
• 10 Mar 2020 in Senate: When you go before a magistrate, you do not have to call the other party. All you need is an affidavit that must be set out in a template. That is what you have to put before a magistrate before a search warrant can be issued. On warrantless search and seizure, Sen. Farhiya should know that at one time, the authorities wanted to bring the Royal Media House down. One day, they just invaded their premises; it is some building near Anniversary Towers. Without search warrants, they took everything and destroyed some without an inventory. In the end, there was ... view
• 10 Mar 2020 in Senate: Madam Temporary Speaker, the other issue that we can also deal with at the time we will be looking at the Bill and possibly deal with the amendments, is if somebody is party to an agreement to defer and it ends up without a prosecution, what do you do with the evidence before the institution dealing with the investigations? This is because in Article 50 of the Constitution, there is right to keep quiet. In the interest of having a plea bargain, one has an agreement to defer prosecution or a plea agreement. If it is or not undertaken successfully, ... view