Public-driven Bill to fight graft set for House

By MARTIN MUTUA

 

A Bill seeking to help the Government recover stolen public assets will be presented before Parliament.

The public-driven False Claims Bill 2013, proposes that individuals and civil society groups be  allowed to institute civil proceedings against corrupt Government officials after recovery of looted public resources, including funds, land and other properties.

It further proposes that should a suit lead to the seizure of ill-gotten wealth, the person or group that filed the case be rewarded with between 15 per cent and 25 per cent of recovered assets.

The catch is that the petitioner(s) foots the Bill for the entire legal process. “The Government is not liable for expenses which a person instituting this claim incurs in bringing a claim under this Act,” the Bill reads in part.

A person instituting a claim would be required to undertake thorough investigations to gather fresh evidence sufficient to secure conviction to claim the maximum reward.

Otherwise if the case is based primarily on evidence gleaned out of public records, including parliamentary, administrative or government accounting proceedings, reports, hearings, audit or investigation by the news media, the reward is discretionary.

RECOVERED ASSETS

Under the circumstances, the Bill proposes the judge decides on the award but the reward should not exceed 15 per cent of what has been recovered.

But before moving to court, the person seeking any recovery will be required to notify the Attorney General three months in advance demanding the State to recover the said asset.

It is only after the AG refuses, neglects or fails to institute bona fide recovery proceedings or publish a satisfactory written explanation for not instituting the claim that a person or group are free to move to the courts.

Former State Counsel Wamuti Ndegwa is the architect of the Bill drafted for presentation to Parliament under Article 119 of the Constitution.

The Article states: “Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.”

Further the Constitution stipulates: “Parliament shall make provision for the procedure for the exercise of this right.”

The Bill is informed by the understating that members of the public often have information or evidence of corrupt transactions. 

It provides that State officials or individuals who will be found guilty of having either illegally benefited from public property be fined at least Sh5 million.