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{
"id": 1495532,
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"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
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"content": " Do not worry, you are safe. So far, so good. Do not worry about the thud or what fell. It is not anything that should worry you. Please proceed."
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{
"id": 1495533,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495533/?format=api",
"text_counter": 417,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": " Part XII further provides for inspection of books of an indebtedcCooperative, expenses of inquiry and inspection and routine inspection. Part XIII, covers Clauses 106-117 of the Bill. It provides for the dissolution of cooperatives. This includes the procedure for dissolution, the cancellation of registration, effects of cancellation and it makes provision for the liquidation of a cooperative whose registration is cancelled. It also makes provision for the appointment of a liquidator if such matters arise, the qualification and powers of a liquidator and the making of a liquidation account of cooperatives. It sets out the powers of the Commissioner during liquidation. It further provides for appeals against an order of a liquidator or Commissioner, enforcement of orders and outlines offences relating to liquidation of a Cooperative. Part XIV covers Clauses 118-123 of the Bill. As I earlier said, the Bill has 168 Clauses. It provides for special powers of the Cooperative Tribunal to set aside certain transactions. It provides for the power of the Cooperative Tribunal to set aside transaction that is under value, power of the Cooperative Tribunal to void preference and provides the meaning of the term ‘relevant time’ used in Clauses 118 to 123 of the Bill. It also makes further provisions for orders under Clauses 118 to 123 ancillary provisions. It further provides for the power of the"
},
{
"id": 1495534,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495534/?format=api",
"text_counter": 418,
"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": 1495535,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495535/?format=api",
"text_counter": 419,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": "Cooperative Tribunal to set aside certain extortionate transactions and outlines the circumstances in which floating charge on a cooperative undertaking or property may be invalid. Part XV, starts from Clauses 124-146 of the Bill. It provides for settlement of disputes. It establishes the Cooperative Tribunal and provides for the appointment of its members. It also sets out the remuneration and term of office for members of the Cooperative Tribunal and the appointments of members of the Tribunal to be by Gazette and when vacancy in the office of Cooperative Tribunal may arise. It further provides for the jurisdiction of the Cooperative Tribunal, registries and sittings and proceedings of the Tribunal. It also provides for orders by the Tribunal and general offences. It grants unlimited geographical and pecuniary jurisdiction in matters of cooperative disputes. It provides for the quorum and benches of the Tribunal, conflict of interest and voting at the Tribunal. It further provides that the powers of the Chairperson may be exercised by the Vice-Chairperson and appeals to the High Court from the Tribunal. This Part provides for the Chairperson’s power to appoint a cooperative assessor at the Tribunal and for its contempt. It also provides for the appointment of a Deputy Registrar of the Tribunal and the right of parties before it. It also provides for the immunity of officers of the Tribunal and for alternative dispute mechanisms. Part XVI starts from Clauses 147-162 of the Bill and contains general provisions. It provides for procurement and disposal in cooperatives, enforcement of ethics and integrity in cooperatives, cooperative self-regulation, credit information sharing, inter-cooperative borrowing, cooperative capital raising instruments and remuneration to officers and members of a cooperative. This Part further establishes the Cooperative Development Fund and delegates to the Cabinet Secretary the power to make regulations. It also provides for the powers of the Cabinet Secretary and County Executive Committee Member, other powers of the Commissioner and the County Director for Cooperatives. It outlines offences and prosecution, provides for the distinction of Cooperatives from trade unions and sets out a general penalty for offences. Part XVII covers Clauses 163-168 and provides for transitional provisions. It proposes the repeal of the Cooperative Societies Act (No.12 of 1997) and the amendment of Public Officer Ethics Regulations, 2003 (LN. 62/2003). It also provides for transition to the Office of the Commissioner and County Director for Cooperatives and the enactment of County Assembly legislations. It provides for the transition of the members and proceeding before the Cooperative Tribunal as well as, the transition of notices, orders, directions and appointments. Finally, is the Schedules. The First Schedule outlines the procedure of liquidation of cooperatives under Clause 109. The Second Schedule outlines the preferential debts in relation to the payment of debts for a cooperative under liquidation. The Third Schedule outlines offences relating to conduct before and during liquidation and criminal proceedings relating to those offences under Clause 117. After highlighting what the entire Bill provides for, it is important for Hon. Members to know that Part I of the Bill aims to update the Kenya cooperative sector through introduction and framework. By aligning it to modern social economic and governance structure as envisioned by the Constitution. In so doing, it intends to further social economic development within a developed system. The core objective of the Bill seeks the establishment at the national level of the Commissioner for Cooperative development and at the county level Directors of Cooperatives, with each office promoting inter-governmental cooperative relations. The legal consistency of this Bill, is rooted in Article 186 of the Constitution and is part of the broader National Cooperative Policy. It intends to harmonise cooperative governance across counties and ensure uniform standards while respecting devolution."
},
{
"id": 1495536,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495536/?format=api",
"text_counter": 420,
"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": 1495537,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495537/?format=api",
"text_counter": 421,
"type": "speech",
"speaker_name": "South Mugirango, UDA",
"speaker_title": "Hon. Silvanus Osoro",
"speaker": null,
"content": "There are key observations by the Committee during consideration of what arose during the formulation of this Bill on the clarity of the cooperative structure. The Bill introduces a tier structure for cooperatives, which has now primary, secondary, federation, and an apex cooperative. This is to streamline the operations and represent members’ interests effectively at different levels. The question of alignment with devolution also arose from the committee’s observation. It emphasises on cooperation between the national and county governments. It makes sure that it aligns with devolved governance structures and principles by empowering counties to participate in cooperative oversight and support. The observation also was on the enhanced governance and financial management, where the Bill seeks to address governance challenges such as transparency, accountability, which also include the establishment of supervisory boards and nomination committees in cooperatives. On addressing sectoral challenges, governance and financial resilience, the Bill aims to improve the cooperative governance by embedding principles of transparency and strong financial oversight, thereby protecting members' investment. Market access and capacity building is also another point. Through clear operational structures, cooperatives will better access markets and resources. Enhanced training for cooperative members and leaders is also prioritised to elevate sector standards. The other vital point is the economic and social impact of this particular Bill. By empowering the local communities, the Bill is positioned to significantly benefit rural communities, and this is done by strengthening local cooperatives, thus contributing to job creation and economic empowerment at the grassroots. The long-term sustainability is also a very important virtue and factor in this Bill. The provisions in the Bill, including the development of a cooperative development fund, aims at ensuring that cooperatives remain economically sustainable and environmentally responsible. As I conclude, it is important to inform and notify Members that the Bill is very crucial for sustainable, competitive cooperative sector aligned with the national cooperative policy. By passing this legislation, the National Assembly will have supported a modern cooperative sector that upholds cooperative principles, strengthens economic inclusion, and fosters unity across Kenya. I, therefore, wish to request Hon. Members to support the Bill so that we can have a comprehensive legal framework for promotion, management, and regulation of cooperatives in Kenya in a devolved governance structure. With those remarks, I beg to move and request the substantive Leader of Majority, who is back in the House, to second the Bill. Thank you, Hon. Temporary Speaker."
},
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"id": 1495538,
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"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
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"content": " Leader of Majority Party."
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"id": 1495539,
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"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. Let me begin by thanking the Whip of the Majority Party for moving this Bill on my behalf. I rise to second. Let me, first, take this opportunity to thank Hon. Marianne Kitany and the Departmental Committee on Trade, Industry and Cooperatives for the immense work they have put. This Bill has 168 clauses, excluding the schedules. Therefore, the Committee did make a lot of effort in considering all these provisions clause by clause, leading to tabling of its Report in this House yesterday. I believe in some of the observations that the Committee has made on this Bill. However, this is an important Bill because it is giving effect to Article 186 and the Fourth Schedule of the Constitution of Kenya, 2010."
},
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"id": 1495540,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495540/?format=api",
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"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
"speaker": null,
"content": "I know that Article 186 sets out the respective functions and powers of both the national and county governments. The work of oversight of co-operative societies is given to the county"
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"text_counter": 425,
"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
"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."
}
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}