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"type": "speech",
"speaker_name": "Sen. Kathuri",
"speaker_title": "The Deputy Speaker",
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"legal_name": "Murungi Kathuri",
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"content": " Hon. Senators, the debate on this Bill was interrupted yesterday, 26th March, 2024. Sen. Sifuna had five minutes remaining. Since I cannot see him around, any other Member wishing to contribute can now key in. Sen. Cherarkey, you may have the Floor."
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"legal_name": "Cherarkey K Samson",
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"content": "Thank you, Mr. Deputy Speaker, Sir. I rise to contribute to the Sugar Bill (National Assembly Bills No.34 of 2022). I know it originated from the National Assembly. I think it goes in line with what we called a sugar industry stakeholders task force report in 2018/2019. Mr. Deputy Speaker, Sir, as a concern, have you noticed that one television sets in Chamber on both sides are going on and off? I think we need to check with the supplier or the concerned people. It is good that the Parliamentary Service Commissioner is in the House. It impedes your visitors in the Gallery to watch what is happening. It has not just happened today, but severally. We need to invite the supplier. In opening remarks, in Nandi County, we grow sugar predominantly in Chemase Ward, Tinderet Sub-county, by and large, part of Mosop Constituency and part of where I come from, Mosoriot. Some of us have tried our hand in planting sugarcane across Nandi. Nandi is a serious catchment area. I know there is a misrepresentation in this Republic that sugar is only grown in Kisumu, Western parts of Kenya, Kwale and other areas. In fact, most factories such as Chemelil Sugar Company, Kibos Sugar and Allied Companies and Butali Sugar Mills depend largely on the sugarcane supply from Nandi and Kericho counties. So, we have a big stake. I was disappointed when the Standing Committee on Agriculture, Livestock and Fisheries decided to only do public participation in Kisumu County; entrenching the continuous marginalization against the great people of Nandi and Kericho counties. In fact, even out of courtesy from the Clerk’s Office, I was never invited for that meeting. However, I assure the people of Nandi that all is not lost. We are still holding this faith in fighting for justice and fairness so that we can no longer be marginalized. Mr. Deputy Speaker, Sir, I request your office that committees should not move around like exclusive clubs. They should do a proper invitation to the area Senator. I The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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{
"id": 1398563,
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"text_counter": 213,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
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"content": "think that is a small thing. It is basic courtesy. As the Vice-Chairperson of the County Public Accounts Committee (CPAC), I cannot visit Meru without informing you, as the area Senator. My people in Nandi County are not happy because, we are entrenching the perception that sugarcane is only grown in Kisumu, Vihiga and Kakamega counties. It is very unfortunate. Most of those mills are sustained by the cane supply from Nandi County. On the second point, I know there are many challenges on the issue of sugarcane development, processing, milling and farmers. Most sugarcane farmers in Western Region and other parts of the country will continue to suffer and get frustrated. I agree, in as much as cane farmers continue to develop, I am disappointed because the roads that are being used, especially within Nandi in Tinderet and Mosop sub-counties where sugar cane is grown--- We have never seen the cess that comes from Butali Sugar Company or a number of sugar companies that get sugarcane from Nandi. This is because that cess is supposed to be used to maintain and ensure those roads are accessible. This is so that when these sugar factories carry sugarcane from farmers, they should maintain those roads. That is why we saw increased tractor accidents. During question time, I remember the Senator for Kisumu County raising the issue of tractor accidents. We need to be careful with the low volume roads. We need to ensure that we protect those roads and they go to the next --- Number three on sugar industry stakeholders statutory report of 2019; I can see that a number of issues have been captured. I have had the opportunity of reading the Committee Report that was tabled yesterday. I am impressed that a number of amendments have been proposed by the committee led by Sen. (Dr.) Murango, the Senator for Kirinyaga County, the Chairperson of Committee on Agriculture, Livestock and fisheries. As you are aware, in 2022, the country produced 796,000.53 metric tons. We can attribute this to subsidized fertilizer programme that President William Ruto initiated. In 2021, it was 700,000.24 metric tons, but in 2022 it increased. There was also a significant growth even in January/December, 2023. In 2022, total amount of sugar that was sold was Kshs4.56 billion. We are talking about a sector that is affecting a number of counties. We have more than 17 sugar mills in Kenya; both private and public. I do not know whether the one from where Sen. Cheruiyot comes from has been included. Total processing capacity per day is 52,700 metric tons, which is 56 per cent. We are still doing badly because of factory maintenance and unstable cane supply. We must invest in cane development and supply to ensure that we are able to--- Mr. Deputy Speaker, Sir, I will only make five comments then allow my colleagues to contribute. There is a board that has been formed. We had lumped all the crops into one organization; the Agricultural Food Authority (AFA). I am happy with the way we did with the Tea Act. We were able to form a Tea Board and now, we are forming the Kenya Sugar Board. We will ensure that they focus their energy only on the development of cane and research within which includes the farm inputs, the seeds and the imports. This is so that we do not import sugar at the expense of our farmers. They should also offer advisory The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1398564,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398564/?format=api",
"text_counter": 214,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
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"content": "services to the county and national government. We even have the pricing committee so that farmers are given a better price as per their supply. On the issue of factory maintenance; you remember sometime in this country, we were told that there is scarcity of sugar because some factories are undergoing maintenance. I would have expected that we ensure there are best practices. On the issue of weighbridges, we have had cases where they are being tempered such that farmers do not get value of the cane they deliver. I expected that there is Sugar Board, which has been captured to check and ensure that the weighbridges are not tempered with to the disadvantage of farmers in the country. For example, I have seen Butali Sugar Company has opened a weighbridge. As you approach Potopoto, on your way to Kisumu, there is also another weighbridge that I do not know if it belongs to Kibos Sugar and Allied Companies. I do not know whether Kenya Bureau of Standards (KeBS) has checked and approved the Selia weighbridge. I have seen that they have just opened a weighbridge in Selia. This will be the work of sugar board. Thirdly on Clause 6, I agree on the issue of efficient road networks. In Nandi, we have not seen cess for sugarcane. In Chemelil, Chemase and Tinderet, the roads are pathetic yet Chemelil, West Kenya and Kibos Sugar Factories pay cess. We have never seen value. In Mosop, we supply cane to Butali Sugar Company in Kakamega where my brother comes from, but the roads are pathetic. This is unfortunate and I hope the Board shall find a way of resolving this. Mr. Deputy Speaker, Sir, on the Finance Act, some Senators had raised the issue of imposed levies. These are issues in the Finance Act and Bill in preparation of the budget and the Kenya Revenue Authority (KRA). These are the levies we pay. People pay tea levy and sugar levy. They are meant for cane development and growth of farmers, within the sugar industry. Therefore, there are not new taxes that are being implemented. Article 219 on the process of taxation is provided for in the Constitution. On the issue of the Salaries and Remuneration Commission (SRC), this is a monster in Clause 13 that continues to be a threat to the growth of the economy. The SRC have assumed powers, which are not there by setting yet, they are supposed to be advisory. I agree with the wording that the payment shall be determined by the Cabinet Secretary as advised by SRC. That should remain. Mr. Deputy Speaker, Sir, Clause 18 says- “(1) A person shall not conduct the business of a miller unless he or she is registered by the Board and the premises in which the business is specified in the register in accordance to the regulations made under this Act. (2) The Board shall issue to each miller registered under this section a certification of registration specifying---” This is where we support the bottom-up economic model or Bottom-up Economic Transformation Agenda (BETA) as espoused by Kenya Kwanza. Clause 18(3)- “No fee shall be charged in respect of registration or certification of registration issued under this section.” Mr. Deputy Speaker, Sir, this means that ordinary Kenyans do not need to be sugar barons, millionaires or billionaires to get a license. This is in line with what the President espouses on the bottom-up economic model. Remember, there was a law on The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1398565,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398565/?format=api",
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"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"speaker": {
"id": 13217,
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"content": "start-ups. We need to encourage more young people if they can get a way of establishing millers. In the past, the issue of sugarcane milling or opening sugar factories was an exclusive of some individuals. Clause 19 has brought contention where it reads that a miller shall not purchase or accept. This one is zoning. I have seen the Committee report and they are not saying there is exclusive zoning. I am happy because exclusive zoning would have meant a specific farmer for a specific miller after contractual obligation. However, we must also fight cane poaching. This is because, at the end of the day, if we do not bring some sanity and order in the sector, we might find cane poaching becomes a problem. Where there will be no order in the sector then there will be no investor confidence. Even as we say that we are allowing start-ups within the country, there are investors who would want to invest in this sugarcane industry. We need to ensure that we have stability by ensuring that there is investor confidence and raw materials supply. I am happy of the wording they have used – geographical area because Kericho, Nandi and Uasin Gishu grow sugarcane. However, as I have said in the past, we have been marginalised. This is our redemption moment for that region. On accountability on farmers’ contracts. This will encourage the confidence of factories to invest in cane development because they have contractual obligation with the farmers. I assure farmers wherever they are, especially the sugarcane farmers that this is not exclusive zoning. This is zoning that will be determined when and approved by the Board and it will ensure that there is proper discipline within that geographical zone. Farmers must also be on the lookout and I am happy of the not less Kshs1 million should one violate. I have seen many people say that there is exclusive zoning. In the reading of this law, there is no exclusive zoning. Farmer agreement, if there is a breakdown in a factory, for example, Chemelil and you are supposed to take your sugar there, the law has allowed you to do an agreement and deliver to West Kenya Sugar Factory. That translates to the farmer not losing the cane. If we do not do that, the farmer can lose the cane. Mr. Deputy Speaker, Sir, I assure farmers that this law is work in progress. As one of the sugarcane farmers from Nandi, I see it as work in progress and we can pass it and amend it at any time. Many farmers in Chemelil and other areas gave proposals during the public participation. On the issue of energy generation, I urge the farmers to know that we can use molasses and jaggery not only to generate energy and electricity, apart from renewable energy. However, we are fighting illicit brews and there are people who use molasses and jaggery to make these brews. We need to inform them that we need this jaggery and molasses only for livestock and not for human beings in the fight against illicit brews. They say that too much sugar causes diabetes. We need to avoid it so that we do not encourage the consumption of illicit brews. However, the other day, I was told that Mnazi – palm wine is illicit brew, but I know it is good alcohol. I do not why someone would classify palm wine as illicit. Where I come from, those things we take when our children are undergoing initiation and in initiation ceremonies in Meru and other areas are those kinds of brews. Even where the Deputy Speaker and Senator for Vihiga comes from there are those The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1398566,
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"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"id": 13217,
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"content": "ceremonies that happen around December. We must be respected and Sen. (Prof.) Tom Ojienda SC, should note that with a lot of concern because we might come for legal representation."
},
{
"id": 1398567,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398567/?format=api",
"text_counter": 217,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "[The Deputy Speaker (Sen. Kathuri) left the Chair]"
},
{
"id": 1398568,
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"text_counter": 218,
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"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "[The Temporary Speaker (Sen. Wakili Sigei) in the Chair]"
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{
"id": 1398569,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398569/?format=api",
"text_counter": 219,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
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"content": "Mr. Temporary Speaker, Sir, I agree on the issue of traceability of industrial sugar. Let us avoid it so that we do not see what happen many years ago on mercury and the other impounded sugar. I would like to conclude because I only have five minutes. To us, sugar is serious business. The day they will be discussing the issue of sanitary pads, we will not interfere because it will be a concern at that point. On the issue of court orders and the issue of power, the law should be followed. I agree, but I will be keen when this report will be brought. I want to see if the committee will move the amendments on the issue of zoning, inter-miller agreements and stakeholders and market diversification and confidence. By and large, this law should protect the farmer more than the sugar barons and the other people who have taken advantage. The liberation must start now. When the President came to office, he talked about guaranteed minimum returns. We can only achieve guaranteed minimum returns if we pass such laws. I am happy because I heard the Chairperson of the Committee on Agriculture, Livestock and Fisheries saying yesterday that the Senate has originated the Cotton Bill, the Coffee Bill, the Sugar Bill, the Rice Bill and the Tea Bill. Therefore, the Senate is the biggest defender of agriculture issues in this Republic. Mr. Temporary Speaker, Sir, with those remarks, we will wait until amendments are brought and after amendments, I will decide whether to support or not. My position will be known only after I have seen the amendments at the Committee of the Whole. I see Sen. Ojienda smiling and he was mentioned before on many other issues to do with sugar. However, I know he does not consume a lot of sugar because he does not look like he is diabetic. He is not a sugar daddy, but issues of sugar were being mentioned--- Mr. Temporary Speaker, Sir, I beg to defer my support until amendments are done. I thank you."
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"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Sen. Osotsi Godfrey."
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]
}