Moses Masika Wetangula

All parliamentary appearances

Entries 1211 to 1220 of 6535.

• 10 Mar 2020 in Senate: You can either have a nexus in the law by saying that if KRA has done this to you, the EACC or any other third authority should not. Otherwise, we will open the citizenry of this country, depending on the nature of politics of the day, to constant harassment by the State. You never can tell when this draconian behaviour will visit you. My good teacher, Justice Ringera, used to tell us that any law that you pass, imagine that law in the hands of your worst enemy. If you feel safe with it, then it is a good law. ... view
• 10 Mar 2020 in Senate: I remember a case in the 1980s when I was still a very young lawyer. A very senior man in Government fell out with the Government and he was dismissed. He had a loan with the Agricultural Finance Corporation (AFC), the Kenya Commercial Bank (KCB), and the National Bank of Kenya. These loans were properly processed and he was servicing them without fail, and they were running for a period close to 15 to 20 years. Upon dismissal, he went to his private office one morning and found a foreclosure on all the three loans. He was given seven days ... view
• 10 Mar 2020 in Senate: Madam Temporary Speaker, I want us to avoid that kind of situation where we pass a law, then it starts being used as an instrument of terror against the citizenry. If we want to do a lifestyle audit, Sen. Farhiya, you should look at the Ethics Act where there is declaration of wealth by each individual State officer. Perhaps, even if the declarations are not made public, there should be somebody somewhere who goes through them to see whether what we are declaring is false or not. It is not difficult to know what people own in this country. We ... view
• 10 Mar 2020 in Senate: Madam Temporary Speaker, I can see my time is running out yet I have not even started debate on the Bill. In applying to the courts, this matter is not strictly criminal. It is quasi criminal and civil. I would like Sen. Farhiya to be very specific that applications for searches, freezing and all the other things will be done to the high court. Do not leave it fluid so that they go to a magistrate’s court where they are manipulated, intimidated and given very unlawful orders. Kindly clarify that they should go to the high court. Persons reporting cases ... view
• 10 Mar 2020 in Senate: Clause 14 of the Bill speaks to application to freeze accounts. I sometimes feel very uncomfortable when police officers and state officers sneak into courts in the evening and walk out with freeze orders which they slap on unsuspecting citizens whose assets are supposed to be frozen. Freezing of accounts is a civil process. As Sen. Farhiya has rightly stated, due process should be followed. A person should be given a notice to show cause why his account should not be audited or frozen. There should be no circumstances where any state officers can walk into court alone with an ... view
• 10 Mar 2020 in Senate: Madam Temporary Speaker, Sen. Farhiya has stated in this Bill that if an audit is conducted and the accused ends up innocent, he can sue. Our justice system is very bad. If you go to court with a simple civil matter, you will wait for the next five to ten years to receive justice. Look at the case of the 'chicken' gate scandal. Mr. Ouzman and his son 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
• 10 Mar 2020 in Senate: who bribed the officers of the Independent Electoral and Boundaries Commission (IEBC) were charged in London, the witnesses came from Kenya, testified in the case there. Mr. Ouzman and his son were jailed for seven years. Their money was confiscated and sent to Kenya. They have finished their term without remission and are now at home. The counterpart case of Mr. Oswago, the former CEO of the IEBC, has not even started. The case is still in court. The excuses in the courts include; that they are not ready and that witnesses are not available yet the same witnesses went ... view
• 10 Mar 2020 in Senate: When we say that an officer has been unfairly treated by state officers, a good Bill like this one should provide for a quantum of compensation based on the percentage of the sum in a frozen account or the value of the asset. This will deter public officers from abuse. You should further provide that if a public officer is found to have been reckless in handling a matter, he may be personally liable. view
• 10 Mar 2020 in Senate: It is there! Very good. He may be personally liable because there are those public officers who will now be used by the correct members of the system to pursue vendetta on their behalf and harass citizens unnecessarily. view
• 10 Mar 2020 in Senate: Clause 17--- view