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{
    "id": 578198,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/578198/?format=api",
    "text_counter": 135,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Thank you, Hon. Temporary Deputy Chairlady. This is the problem of not bringing matters before a Committee. This matter has been pending before the Departmental Committee on Justice and Legal Affairs for a long time. If you go by the way my very good friend is proposing, first, it is inconsistent with Clause 6(7). The Cabinet Secretary has been given the power to declare a professional body, or certain professional bodies as insolvency practitioners. Secondly, if you say that the Official Receiver shall appoint a committee of three persons from their own office, those will be staff of the Official Receiver. You cannot form a committee of staff. Those are functions of the Official Receiver, irrespective of whoever he wants to appoint to this committee. Thirdly, what are the qualifications of those persons who are being appointed into a committee? Once you appoint somebody into a committee, you must state their qualifications and what they will be paid. You know you are appointing people to a committee who are members of staff of the Official Receiver. That is inconsistent with the general philosophy of legislation-making. Fourthly, I do not want to anticipate debate. We have on the Order Paper, Order No.10 - the enactment of business registration institution. This will be the parastatal that will manage both the Companies Act, that we have just passed, and the Insolvency Bill. So when you create a committee on top of the board of directors of a company which is supposed to be created for a parastatal, you are going to cause confusion. Is it a committee of the board? You can only create committees of boards and not a committee of members of staff under legislation. So, if my friend is persuaded sufficiently by my argument - not that we are opposing him for the sake of it - we are saying that in terms of legislation-making, you will be confusing the entire authority. There is going to be an authority managing the Insolvency Bill and the Companies Bill. I am not opposed to his second proposed amendment, but this one is not good."
}