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{
"id": 1060168,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1060168/?format=api",
"text_counter": 309,
"type": "speech",
"speaker_name": "Tharaka, DP",
"speaker_title": "Hon. George Gitonga",
"speaker": {
"id": 13491,
"legal_name": "George Gitonga Murugara",
"slug": "george-gitonga-murugara"
},
"content": "other party is because it is online. Through modern technology, we are able to do business in Kenya with partners in Japan, United States of America or wherever without having to physically go there. That is why we had requirements that a contract should be valid and have a company seal. How do we fix a seal when doing business online? It is not possible. The need for this amendment arises and is, therefore, timely. There are various sections of the business laws that are proposed to be amended. In brief, I will refer to the Reports of the various Committees, including the consolidated Report from the JLAC, which deals with particular amendments as recommended. I will start with the Insolvency Act because whether it is bankruptcy or insolvency, it is important that the matter is dealt with quickly because it leads to loss of money. We need to know how this will be done when liquidating companies and declaring individuals bankrupt et cetera. It is also important to note about the Small Claims Court because we have just established the Small Courts Claims Act of 2016. The idea is that even small enterprises for individuals doing businesses claim that when they go to court, they know for sure that it will take a lot of time for their cases to be concluded, especially when there are complicated large commercial transactions which require interpretation of the law and documentation that is bulky. In as much as we are saying that we have set up commercial courts in this country, we want commercial cases expeditiously disposed of. We have small claims by medium and small enterprise human beings, which must also be dealt with faster. A small person does not have a lot of money. We would hate to hear cases where somebody owes another person Kshs50,000. Also, the defence for such persons should be simple. You might say you agree that you owe me but you keep me in court for the next five years. We must, sincerely, move away from this. That is why it is important we buttress the Small Claims Court in our system and way of doing business. It is, therefore, important that we consider timelines within which small claims have to be settled in court. It is proposed that judgement should be delivered on the same day and where it is not, the entire claim ought to be finalised within a maximum period of 60 days. It is, therefore, important that we have a timeline within which small claims have to be settled in court and it is proposed that, in fact, judgment will be delivered the same day. Moreover, where it is not delivered the same day, the entire claim ought to be finalised in a maximum of 60 days. All these are to ease business and to make Kenya an attractive destination for doing business, so that when we are ranked by the World Bank, the World Trade Organisation and any other person keen on knowing whether it is worthy bringing their money into the country… Kenya ranks among the countries in Africa and the world where you can invest your money prudently, get your returns well and if you have any disputes, they are quickly handled through arbitration or through our judicial systems. Therefore, these laws are very timely, I too urge the House to agree, and we pass these amendments so that we make doing of business in our country easy and attractive. With those remarks, I beg to second."
}