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        {
            "id": 1398571,
            "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398571/?format=api",
            "text_counter": 221,
            "type": "speech",
            "speaker_name": "Sen. Osotsi",
            "speaker_title": "",
            "speaker": {
                "id": 13588,
                "legal_name": "Osotsi Godfrey Otieno",
                "slug": "osotsi-godfrey-otieno"
            },
            "content": "Thank you, Mr. Temporary Speaker, Sir, for this opportunity to also make my contribution to this very important Sugar Bill. From the onset, I declare that I support this Bill although I want to agree with Sen. Cherarkey that this is work in progress. The reason I say this is because when I read through the Bill, I see there is an attempt to try address some of the challenges we have in the sugar industry. There are other many other challenges which this Bill has not touched. In the 12th Parliament, there was an aggressive attempt in this country to address the problems in the sugar industry when the sugar taskforce that was led by former Governor of Kakamega County, Hon. Oparanya, and the then agriculture Cabinet 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": 1398572,
            "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398572/?format=api",
            "text_counter": 222,
            "type": "speech",
            "speaker_name": "Sen. Osotsi",
            "speaker_title": "",
            "speaker": {
                "id": 13588,
                "legal_name": "Osotsi Godfrey Otieno",
                "slug": "osotsi-godfrey-otieno"
            },
            "content": "Secretary, Mwangi Kiunjuri came up with a very good report. If you read through the report, a lot of things they proposed, if implemented, we would be able to address the many problems we have in the sector. However, to date that report has not been implemented. It is very disheartening that we are now discussing a private member’s Bill when we should be discussing a Government Bill that picks input from that report. That is why I want to fully agree that this Bill is work in progress because a lot of other issues have not been addressed which if addressed would be able to deal with the issues in the sugar industry conclusively. The most fundamental issue about this Bill is just bringing back the Sugar Board. You know there was an attempt to merge regulation of all the crops in one legislation in the Agricultural Food Authority (AFA). It has not worked and that is why we have this agitation to try have a legislation for each crop. We have in this House passed laws on tea, coffee and also cotton and are now discussing the Sugar Bill. That clearly means that arrangement of consolidating all the crops under one law has not worked. Sometimes, you wonder what wisdom was there to try put all the crops under one umbrella because we have so many crops. We would end up having so many directorates under AFA. Mr. Temporary Speaker, Sir, I have also looked at the Bill and I think there are areas where I have concerns. I refer to Clause 29, talking about the Sugar Research Institute, the composition of the Board. They are talking of a number of institutions seconding people but we need to have clarity on the one person nominated by the input supply system. The Bill does not define what input supply system is; there is an ambiguity here. What is it they are referring to because already the millers and the Government are represented? Who is this inputs supply system? Is it the farmers? We need clarity there because nowhere in that Clause 29 are they making reference to the farmers. It is important that the farmers be represented on every body within the sugar industry because they are the key stakeholders in the industry. There is also a proposal to have one representation from universities. I do not think it is necessary because we already have a representation from research organizations who are basically experts. Why are we going to university looking for representation when farmers are not represented? We have some ambiguity there, which we will raise during the Committee of the Whole. On the Sugar Development Levy, there were concerns in the past on how this money is utilized, lack of transparency and equity on management of this fund. However, the Bill goes further to propose how this money will be shared. Whereas I agree that a big portion of this money should go to cane development and productivity which is the key aspect in this sugar industry. I think the sugar industry started going down in this country when we lost focus on matters to do with the cane husbandry and cane development and started focusing on other things, which were not going to generate raw materials for use by these factories. I fully agree with the proposal to enhance this allocation to 40 per cent because then there will be a lot of focus towards matters of supply and production of raw 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": 1398573,
            "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398573/?format=api",
            "text_counter": 223,
            "type": "speech",
            "speaker_name": "Sen. Osotsi",
            "speaker_title": "",
            "speaker": {
                "id": 13588,
                "legal_name": "Osotsi Godfrey Otieno",
                "slug": "osotsi-godfrey-otieno"
            },
            "content": "materials which is very crucial to the industry. Taking note that last year, the sugar industries in western part of the country closed because there were no raw materials and that affected the economy of the region. Therefore, a lot of focus should be put around cane development and productivity. Still on Development Levy, there is a proposal that five per cent should go to farmers’ organization and 15 per cent to research and training. A lot needs to be put on farmers’ organization because you know we have out grower companies which most of them have died. Out grower companies were a good idea to try provide avenues to enhance cane development and productivity. Mr. Temporary Speaker, Sir, in my view, five per cent is too little and should be enhanced to 10 per cent. The 15 per cent that is being taken to Kenya Sugar Research Foundation, which is a Government institution, a portion of it should be taken to the farmers’ organization to enhance their participation in cane development and other factors. Mr. Temporary Speaker, Sir, it is proposed that 15 per cent should go towards infrastructure development through Kenya Rural Roads Authority (KeRRA). I am among the people who are saying no to KeRRA. We must critically think of where to take this money because KeRRA in this country has become National Assembly Road Authority. That is the truth and they give money to Members of Parliament (MPs) to maintain roads that the same counties say they are maintaining. This aspect of KeRRA must be looked. I am proposing that instead of KeRRA, we take this money to the counties, which we can oversight as Senators. We cannot have a scenario where money generated from our sugarcane growing areas is taken to the national institution, which then brings the back the money through Members of the National Assembly. We must look into that one area. The Members who contributed yesterday also had an issue with this aspect of KeRRA. When we go to the Committee of the Whole, we need to look at this matter very critically. Is it worthy to give 15 per cent of the Sugar Development Levy to Kenya Rural Roads Authority (KeRRA) when we have the counties in those areas, which can maintain those roads? We will be there to oversight that. There is also a proposal on the pricing formula committee. In the pricing formula, they are talking about factors to be considered in determining the pricing formula. They have talked about several factors that I fully agree with. One of them is the aspect of delayed harvesting of cane. It is a cost to the farmers. When there is delayed harvesting of cane, it impacts the farmer and that is a cost. That should be a factor in determining the pricing formula. However, there is one factor that has been omitted. It is an international pricing factor. When we are looking at the pricing, we must look at the pricing factors in other jurisdictions. Why is it that the cost of producing sugar in Brazil and Swaziland here is lower than in Kenya? That is an important factor for consideration in determining the pricing formula. How I wish that, that is included in the Bill. Clause 59 is very interesting. It talks about the incorporation of farmers' representation in the Board of private sugar mills. I do not know how this will work because this contradicts the Companies Act. I am an investor. I have come to set up a factory in Kenya. You are telling me that in your factory, you must bring in someone else 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": 1398574,
            "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398574/?format=api",
            "text_counter": 224,
            "type": "speech",
            "speaker_name": "Sen. Osotsi",
            "speaker_title": "",
            "speaker": {
                "id": 13588,
                "legal_name": "Osotsi Godfrey Otieno",
                "slug": "osotsi-godfrey-otieno"
            },
            "content": "as a Director in that company. This can also have a negative effect in terms of investment. Investors will shy away from investing in the sugar industry because of this condition that a farmer whose only contribution is to deliver cane to the factory and is paid for it, has to become a shareholder or a director. I think we have a problem there. It is a contradiction to the Companies Act and it discourages investment. On Clause 33 on the Sugar Industry Inspectors, I fully agree that the role that these people have is very important, they will be providing oversight over the functions of millers or players in the industry. However, it creates a contradiction in the sense that what is the space of the Kenya Sugar Board? What is the space of the Sugar Industry Inspectors? Yes, they are appointed by the Kenya Sugar Board, but who are these people? They are not employees. They are just people who are appointed. These people have been given excessive powers that they can misuse and create more problems for the sector. I think we need more clarity as to who these people are. Are they direct employees of the Kenya Sugar Board or they are other third parties who are accredited by the Sugar Board? If you read Clause 33 further, it says that even Government agencies can be inspectors. Then why do we need Kenya Sugar Board? If we are creating another amorphous group of people called Kenya Sugar Industry Inspectors, then we have a substantive body called Kenya Sugar Board. We are creating contradiction there and I think that has to be harmonised before we pass this Bill. Although this Bill talks about matters of importation of sugar and issuance of valid licenses, it leaves out a very crucial aspect of repackaging sugar. Sugar is imported into this country, repackaged in Mumias Sugar brands or Nzoia brands and sold to the markets. The Bill is quiet on this. Even the list of regulations to be created by the Cabinet Secretary is not listed as one of them. This is a problem. Sen. (Dr.) Khalwale knows the effect of this. Even at some point when Mumias Sugar was not crushing sugar, we had sugar branded ‘Mumias’ on the shelves. Where was it coming from? This is a serious problem that this Bill has not addressed. The issue in Clause 63 is on the transition of staff. The earlier Bill that had been brought by the former Member of Parliament for Kanduyi, Hon. Wamunyinyi, had a transition clause that was not progressive. It said that the employees who were formerly with the Kenya Sugar Board will not be transitioned to the new Kenya Sugar Board. However, this particular Bill has ironed out that problem. All the staff who were formerly with the original Kenya Sugar Board and those who are with the AFA will all be transitioned to the new Kenya Sugar Board with all their benefits and pension. That is progressive and I fully support. As I said when I was starting my contribution, this is a work in progress. There are many things that need to be fixed here. There are many gaps in the sugar industry that need to be fixed. However, this is a start. Let us give it a try. I look forward to more amendments even when this Bill has been made law. With those few remarks, I support this Bill and request other Members to also support it. Those of us who have amendments will bring them, so that those ambiguities that I have referred to are dealt with. 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": 1398575,
            "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398575/?format=api",
            "text_counter": 225,
            "type": "speech",
            "speaker_name": "Sen. Osotsi",
            "speaker_title": "",
            "speaker": {
                "id": 13588,
                "legal_name": "Osotsi Godfrey Otieno",
                "slug": "osotsi-godfrey-otieno"
            },
            "content": "Mr. Temporary Speaker, Sir, I have just remembered one thing about the privatisation of our sugar company. It must be done very carefully. There must be wide consultations. It should not be rushed. In whatever name it is, even if it is coming as leasing or what, it should not be rushed. The communities and the stakeholders must be heard properly. We should not end up selling our assets to people who are not interested in matters of sugar, but in land, property and quick wins like what happened with the Pan Paper Industry. A Company that is worth Kshs10 billion was sold for only Kshs900 million. Whoever bought the property was only keen to buy the land. The Luhya community lost. We are seeing the same being done for Mumias Sugar and Nzoia Sugar Companies. We will reject and do so strongly. Sen. (Dr.) Khalwale is our leader in that. He will lead us to reject this privatization, which is earmarked for our sugar companies in the Western Region without involving the people and without looking at the benefits that our people will get. Mr. Temporary Speaker, Sir, I support."
        },
        {
            "id": 1398576,
            "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398576/?format=api",
            "text_counter": 226,
            "type": "speech",
            "speaker_name": "Sen. Wakili Sigei",
            "speaker_title": "The Temporary Speaker",
            "speaker": null,
            "content": " Sen. Munyi Mundigi?"
        },
        {
            "id": 1398577,
            "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398577/?format=api",
            "text_counter": 227,
            "type": "speech",
            "speaker_name": "Sen. Munyi Mundigi",
            "speaker_title": "",
            "speaker": null,
            "content": "Bw. Spika wa Muda, naunga mkono Mswada wa wakulima wa miwa. Miwa hutengeneza sukari. Mimi ni naibu mwenyekiti katika kamati inayohusika na kilimo. Bw. Spika wa Muda, tulipokuwa tunazungumza juu ya mambo haya, sisi hatukuwa tunaichukulia kuwa ni kitu cha haraka kwa sababu siku hizi Serikali ya Kenya Kwanza inaongea kuhusu mambo ya “pesa mkononi” ama “pesa mfukoni.” Sisi tumeenda tukaita watu ili watupe maoni yao. Kuhusu mambo ya miwa, karibu kaunti 12 huwa zinapanda miwa, nayo sukari inatumika na Wakenya wote na hata nchi zingine duniani. Tuliangalia mambo mengi kama vile Sen. Osotsi amesema. Tuliona ni vizuri kwa wale watoto wa university ambao wanajua mambo ya Wizara ya Kilimo wanaweza kuenda pale kufunza watu na pia kujifunza vile mambo ya kutengeneza sukari yataendelea. Jambo lingine tuliangalia ni kuwa tungependa mtu kutoka nje atengeneze kampuni yake Kenya. Tukaonelea kuwa ni vizuri kwa sababu watu wengine ni matapeli ambao wanaweza kuondoka na pesa ya watu wa Kenya. Tukaangalia na kuona kuwa ni vizuri yule anayekuja kuweka kampuni yake hapa Kenya, kuwe na watu kama directors ambao watafanya kazi katika hiyo kampuni yake. Pia tuliona kuwa miwa ni kitu muhimu sana na wakati tulipokuwa wachanga, tulikuwa tunasikia vile miwa ilikuwa inasaidia serikali ya Kenya, lakini siku hizi watu wamenyanyaswa. Familia nyingi haziwezi kupeleka watoto wao shuleni na hata watu wanapokuwa wagonjwa, hawawezi kupelekwa hospitalini. Familia nyingi zimeachwa kuwa maskini kwa sababu matapeli waliingilia mambo ya kilimo ya miwa. Miwa inapopandwa, huwa inakaa mwaka mmoja na miezi nane kabla ya mavuno. Ni aibu sana kuwa kwa hizo kaunti zote, kwa sababu kazi yao ni kulima miwa, hali ya vile wanavyoweza kupandisha uchumi yao haionekana vizuri. Vile vile, chakula na maji imekuwa ni shida na hata shule na hospitali zote zimesambaratika kwa vile wanavyoumia. 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": 1398578,
            "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398578/?format=api",
            "text_counter": 228,
            "type": "speech",
            "speaker_name": "Sen. Munyi Mundigi",
            "speaker_title": "",
            "speaker": null,
            "content": "Tuliangalia mambo mengi, sio eti tu tulienda kuita watu tukae pamoja tupitishe. Nimesikia watu wengine wakisema kuwa hawakuweko, kama vile Senator wa Nandi. Lakini kusema ukweli, sisi tulipoenda kule Nandi, watu wa Nandi walikuwa pale lakina Seneta wa Nandi hakupatikana. Mnavyojua huwa anakuwa na kazi nyingi huko nje. Labda alikuwa anafanya kazi ya kuharibia watu majina na tunajua kuwa kama hajahusishwa kwa jambo lolote, yeye huwa anapinga. Seneti inafaa kuunga mkono mambo ya sukari. Sio tu kwamba sisi Wanakamati wa Kamati ya Kilimo tulienda tukaandika mambo ambayo tumeleta hapa. Tulikuwa na watu wasomi, wakulima na pia watu wa serikali. Mimi ninaomba kuwa Seneti ikubaliane na maoni yetu ndio tuweze kuona vile tutakavyosaidia mkulima wa miwa ambayo inatengeneza sukari. Tukienda upande ule mwingine, katika Seneti, tumepitisha mambo mengi kwa mfano mambo ya ndengu kule mashinani, na hata sasa tuko na Mjadala wa Sukari na pia tumeongea mambo ya majani. Kwa hivyo, hakuna tofauti ya mkulima wa majani na mkulima wa kahawa na vitu vingine. Ninaunga mkono nikiomba Seneti yote ikubali maoni ya Kamati ya Kilimo ndio tuweze kusaidia mkulima. Tukiskia Maseneta wengine wakikuja hapa kusema kuwa hawakuhusishwa ni kitu cha aibu sana. Ni bora tu wasome ili tuweze kuona itakavyokuwa. Huenda ikawa mtu aliitwa lakini vitu hivyo vilikuwa kwenye mitandao na pia watu wengine walisema walipiwe ndege, ilikuwa jambo la aibu sana. Ninaomba Seneti iunge mkono na iwapo kuna mahali ambapo kuna shida juu ya kilimo, tutaomba tukae chini tesemezane ili tuone pahali tutatatua. Asante Bw. Spika."
        },
        {
            "id": 1398579,
            "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398579/?format=api",
            "text_counter": 229,
            "type": "speech",
            "speaker_name": "Sen. Chararkey",
            "speaker_title": "",
            "speaker": null,
            "content": "On a point of order Mr. Temporary Speaker, Sir."
        },
        {
            "id": 1398580,
            "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1398580/?format=api",
            "text_counter": 230,
            "type": "speech",
            "speaker_name": "Sen. Wakili Sigei",
            "speaker_title": "The Temporary Speaker",
            "speaker": null,
            "content": " Order, Sen. Mundigi. Sen. Cherarkey, before you take the microphone, Sen, Mundigi, when the Chair asks for your attention, listen. Nilikusikia ukisema kuwa wewe ni mwenye kiti mdogo wa Wizara ya Kilimo. Ulimaanisha Wizara ya Kilimo ama Kamati ya Kilimo?"
        }
    ]
}