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{
    "id": 1014055,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1014055/?format=api",
    "text_counter": 182,
    "type": "speech",
    "speaker_name": "Sen. Kang’ata",
    "speaker_title": "",
    "speaker": {
        "id": 1826,
        "legal_name": "Irungu Kang'ata",
        "slug": "irungu-kangata"
    },
    "content": "The corporation will have the common characteristics of companies that is perpetual succession ability to sue or to be sued in its corporate name. I refer to proposed Section 18 of this Bill. I also look at proposed Section 19 - Liability in Tort. I will also look at proposed Section 20; the duties of the corporation. To carry out duties imposed by its bylaws, to insure buildings against risks like fire, to pay premiums concerning that insurance and other duties which are provided in this law. I also now highlight provisions in the proposed Section 21 of this Bill, which is that the corporation shall have all powers that are reasonably necessary to enable it to carry out the duties imposed on it by this Act and other bylaws. However, the corporation shall not have power to carry out any trading activities. This is important because it distinguishes a corporation registered under this Bill and other forms of corporations whose main duty is to carry out trading activities. Proposed Section 23 on registration of transfer of common property is important. We have the voting rights under Section 24. Voting where the owner is incapable. We have a board of management, how to convene meetings under Section 27 and AGMs. Once this Bill becomes law, it will be mandatory for the board to convene an AGM every year. We also have bylaws of the corporation and also enforcement of the bylaws and administrative expenses. We have recovery of costs under Section 34. We have rights like how one can request information under Section 36. We have handing over of documents in Section 37. Section 38 is about the insurance. Section 39 is about copies of insurance policies being given to the owners. Section 40 is on exclusive use of areas. Section 41 is on covenance benefiting parcels and procedure for granting restrictive covenance under Section 42. Allow me to highlight provisions related to units, which is under Section 43 where, for instance, a developer shall not sell or agree to sell a unit unless the developer has delivered to the purchaser a copy of the purchase agreement, the bylaws, the management agreement. Let us also look at the proposed Section 44 about the management agreement. Section 45 is about renting of units. Then we have miscellaneous provisions that is Part 5, which will deal with how to terminate a sectional property, the effect of termination of sectional property, the sale of sectional property. It will also deal with the dissolution of a corporation; assessment and taxation, the liability of corporation, the right of entry and, also service of documents and notices. It also deals with change of address for service, fees for documents. It has a section dealing with offences and the penalty, that is proposed Section 57. Allow me to read it because this is a new area that has been added. It says that a person who fails to comply with Section 13(1) or 43 is guilty of an offence and shall be liable on conviction to a fine not exceeding Kshs20 million or imprisonment of one year. When you read the proposed Section 13, it deals with conversion to units. That is, if a building contains premises that are rented for residential or commercial purposes to a tenant who is not party to a purchase agreement and not included in a sectional plan, the owner of the premises or a person acting on his behalf, shall not sell those premises as The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}