HTTP 200 OK
Allow: GET, POST, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"count": 1608389,
"next": "http://info.mzalendo.com/api/v0.1/hansard/entries/?format=api&page=147734",
"previous": "http://info.mzalendo.com/api/v0.1/hansard/entries/?format=api&page=147732",
"results": [
{
"id": 1495522,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495522/?format=api",
"text_counter": 406,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": " Thank you very much, Hon. Deputy Speaker. I beg to move that the Cooperatives Bill (National Assembly Bill No.7 of 2024) be now read a Second Time. The Bill, as presented before this House, seeks to provide for a legal framework that promotes a sustainable and competitive cooperative sector for socio-economic development in a devolved system of governance. It also seeks to give effect to Article 186 and the Fourth Schedule to the Constitution. The Bill also seeks to promote uniform norms and standards in the registration, regulation, supervision and management of cooperatives. It seeks to establish a framework for constitution and cooperatives among counties. This Bill further seeks to establish the Office of the Commissioner for Cooperative Development at the national level and the Office of the County Director for Cooperatives at the county level. It provides for the establishment of the Intergovernmental Cooperatives Relations Technical Forum. The Office of the Commissioner for Cooperative Development will be responsible for the promotion, registration and regulation of cooperatives, and also enabling the Intergovernmental Cooperatives Relations Technical Forum. This Bill further seeks to introduce the cooperatives' four-tier structure that is composed of: 1. The primary cooperatives; 2. The secondary cooperatives; 3. The cooperative federations; and, 4. Apex cooperative. The cooperative sector is very critical in the socio-economic development of the country and the realisation of the Government's objective of bringing down the cost of living, eradicating hunger, creating jobs, expanding the tax base, improving foreign exchange and balance and inclusive growth. The significant benefits that have accrued to Kenyans through the cooperatives include employment and wealth creation. Besides the traditional areas of agricultural production, processing and marketing, the strength of cooperatives is currently felt in several areas, including finance, real estate, value addition, education, health and transport. We all see Savings and Credit Co-operatives (SACCOs) and cooperative societies in the matatu industry, mining and several other commercial activities. Hon. Deputy Speaker, as I move debate on this Bill, it is important to also highlight the content of the Bill as drafted. The Bill has 168 clauses that are divided into 17 Parts and three schedules. Part I of the Bill, which of course comprises Clauses 1 to 5 of the Bill, provides for the preliminary matters including the short title of the Bill. It also provides for the interpretation of the terms used in the Bill and the object of the Act. It also provides for the guiding principles in the implementation and application of the Act. Part II, which starts from Clause 6 to 18 of the Bill, provides for the establishment of the offices and administration of the Act. It establishes offices in three divisions. Division 1 relates to national Government offices, wherein it establishes the Office of the Commissioner for Cooperative Development and provides for the staff of the Office of the Commissioner. It"
},
{
"id": 1495523,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495523/?format=api",
"text_counter": 407,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1495524,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495524/?format=api",
"text_counter": 408,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": "also makes provision for a vacancy in the Office of the Commissioner, the functions of the Commissioner, and provides for annual reports by the Commissioner. Division 2 relates to county government offices. It establishes the Office of the County Director for Cooperatives and provides for the staff of the Office of the County Director for Cooperatives. It also makes provision for the vacancy in the Office of the County Director for Cooperatives, the functions of the County Director for Cooperatives, and provides for the annual reports by the County Director for Cooperatives. Division 3 establishes the Inter-Governmental Cooperatives Relations Technical Forum and provides for its functions and meetings. Part III, which starts from Clause 19 to Clause 27 of the Bill, provides for the structure of cooperatives in Kenya. It establishes a four-tier structure which includes, Primary Cooperatives, Secondary Cooperatives, Cooperative Federations and an Apex Cooperative. It sets out the types of primary cooperatives that may be registered and prohibits multiple objects in primary cooperatives. It provides for the objects of Secondary Cooperatives and Cooperative Federations. It provides for registration and subscription to the Apex Cooperative and the role and functions of the Apex Cooperative. This Part provides for the annual reports of the Apex Cooperative and registration, regulation and operations of the Apex Cooperative. Part IV, covering Clauses 28-43, provides for registration of cooperatives. It includes the procedure for registration, restriction of registration of cooperatives within the same common band and limitation on names of cooperatives. It also provides for the registration of a cooperative and its by-laws and a certificate of registration as evidence of registration. This Part also provides for the requirement to display a cooperative certificate of registration and change of name or loss of the certificate. It further makes provision for the deeming of a cooperative as a body corporate and prohibition against dual registration as well as amendment of by-laws. It provides for the binding effect of the by-laws of a cooperative and for appeals against refusal to register. It further provides for the presumption of the signature by the Commissioner, the protection of cooperative identity and for the protection and restriction on the use of the name “Sacco”. It also provides for the mandatory usage of names in certain cooperatives. Part V runs from Clause 44 to Clause 51. This part provides for the rights and liabilities of members. These include qualification for membership, limitation of holding share capital, exercise of members’ rights, limitation of membership to producer cooperatives, voting rights of members, transfer of shares, rights of members and the obligations of a member. Part VI covers Clauses 52-56. It provides for the duties of cooperatives. It requires every cooperative to have a registered address in Kenya and to keep a copy of the Act and by- laws at its registered office. It also provides for estimates of income and expenditure, accounts and audits and production of books and other documents by cooperatives. Part VII of the Bill starts from Clause 57 to Clause 66. It provides for governance of cooperatives. It includes provisions on general meetings, special general meetings, presiding at general meetings, the use of physical, virtual or hybrid general meetings and the delegate system of representation. It also provides for membership and powers of the Board, eligibility for the creation of a supervisory board and its duties as well as a nomination committee. Part VIII covers Clauses 67-68 of the Bill. It outlines the procedures for the amalgamation and division of cooperatives. Part IX, which covers Clauses 69-80 of the Bill, provides for the rights and obligations of cooperatives. It permits a cooperative to enter into a charge over a member’s produce and fine a member for violation of by-laws. It also provides for first charge over debts and assets of a member and first charge over members’ shares. This is a very important clause. It also makes provision for an employer’s failure to remit the sum deducted from an employee."
},
{
"id": 1495525,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495525/?format=api",
"text_counter": 409,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1495526,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495526/?format=api",
"text_counter": 410,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": "Further, it provides for prohibition against attachment of member’s shares, the rights of withdrawing from membership and the liability of past and deceased members. It further provides for the transfer of share or interest of deceased members. It also provides for evidence of member’s interest in Cooperative and restriction on production of cooperative books."
},
{
"id": 1495527,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495527/?format=api",
"text_counter": 411,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "[The Deputy Speaker (Hon. Gladys Boss) left the Chair]"
},
{
"id": 1495528,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495528/?format=api",
"text_counter": 412,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "[The Temporary Speaker (Hon. Farah Maalim) took the Chair]"
},
{
"id": 1495529,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495529/?format=api",
"text_counter": 413,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": "Part X, Clauses 81 – 89 of the Bill, provide for how the property and funds of a cooperative are to be applied. It also provides for restriction on giving loans and borrowing as well as investment of a cooperative’s funds. It further makes provision for declaration and payment of bonuses, maintenance of a reserve fund and the distribution of net balance. It also provides for investment in non-core activities and companies. Part XI covers Clauses 90-98 of the Bill and provides for charges by cooperatives. It provides for the creation of charges over cooperative property, compliance of charges with applicable law, registration of charges by the Commissioner and for the register of charges. It also makes provision for the issuance of a certificate of satisfaction of charges and for the requirement for the receiver to give notice of appointment to the Commissioner. It also makes provision for the requirement of a cooperative to keep a copy of instruments of charge at the registered office and for the register of particulars of charges. It further provides for the right of members and creditors to inspect the register of charges. Part XII, covering Clauses 99-105 of the Bill, provides for inquiry, inspection and surcharges. It provides for the power to surcharge officers of a cooperative, appeal against a surcharge order and the recovery of surcharge. It further provides for the inspection of books of an indebted cooperative, the expenses of …."
},
{
"id": 1495530,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495530/?format=api",
"text_counter": 414,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Technical hitch)"
},
{
"id": 1495531,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495531/?format=api",
"text_counter": 415,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": "Hon. Temporary Speaker, I hope I am safe."
}
]
}