Wakoli Bifwoli

All parliamentary appearances

Entries 1011 to 1020 of 1331.

• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, the Business of the House be extended from 6.30 p.m. to 7.00 p.m. today. view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I oppose that amendment. It is true that Section exists--- view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I oppose that proposed amendment. It is true that, that section is there, but it is vague! It is open and, in fact, it has opened itself to competition as to who should handle who. The amendment which is here now, is for the sake of smooth investigation of corruption cases. It says that if those offences fall under the Penal Code and under the Economic Crimes Act, which the KACC can investigate, they take priority over any other investigative agency. I think that is good for the sake of proper investigations and prosecution of ... view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, that is not a point of order because that is a complete misreading of this particular Sub-section. This requires co-operation. We are saying that, in matters which relate to economic crimes and corruption cases, KACC must take priority in investigating. view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I oppose this amendment. The presence of the Permanent Secretary of that Ministry, which has been charged with the responsibility of this issue is, in fact, a plus. It does not, in any way, remove the independence of the Advisory Board, which is there. We are not seeking in any way to amend, for example, Section 18 of the Act under which the Board shall not be subject to the direction or control of any person or authority and shall only be accountable to Parliament. We are not seeking to interfere with that one. On ... view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Speaker, Sir, I really oppose this because the whole purpose of this amendment is to ensure that the Kenya Anti-Corruption Commission (KACC) has the same investigating powers as the police have. So, I am opposed to the entire deletion of this particular clause. Of course, I will be moving that the prosecution of offences should be deleted from the subparagraph, because prosecution does not arise out of the 3908 PARLIAMENTARY DEBATES September 12, 2007 Criminal Procedure Code, the Evidence Act or the Police Act. Prosecution arises out of delegated power by the Attorney-General of the Republic. Therefore, ... view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Speaker, Sir, I oppose and proceed on the basis that we are dealing with Sections 26, 27 and 28 of the Act. These are very important sections of the Act, which give the necessary powers to the KACC to really effectively investigate economic crimes and corruption cases. Section 26 requires the Commission, by notice in writing, not to just require any person, but a person reasonably suspected of corruption or economic crimes, to furnish within reasonable time a statement enumerating the person's property and the time at which it was acquired, and giving information in relation to ... view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I oppose. I was looking for the Penal Code. This Section is not trying to create new offences. If you look at Chapter 5 of the Penal Code and read it carefully, it is about parties to offences. It deals with the general principles of law regarding the person who has actually committed the offence and those who assisted him before and this is accessory before the fact and those who have assisted him afterwards, accessory after the fact. I want to make it quite clear that as far as the offences under this Act ... view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I must really oppose this proposal. Why? First of all, I think it is a tried constitutional law that you cannot create an offence which will become effective retroactively. But what we are talking about here is not criminal law. It is civil law. In civil law, even the Constitution itself permits this House to enact a legislation that will be effective, retroactively. This section is about a civil process on the issue of unexplained assets. The whole of Section 55 of the Act is what happens in those situations. What happens is that the ... view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I beg to move that the Committee doth report its progress to the House and seek leave to sit again. view