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"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr.) Wilberforce Oundo",
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"legal_name": "Wilberforce Ojiambo Oundo",
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"content": "Again, many employers and businesses would want one harmonised date to make remittances for statutory deductions such as PAYE, VAT, NITA fee or levies like the NSSF and the NHIF. As we stand here, these amendments only address these three and leaves the others to be paid on different dates. It is our desire that as we go to the Committee of the whole House, we need to find a way on how to harmonise so that on one single day, you are paying for VAT, PAYE, NSSF, NHIF, NITA and the tourism development levies. It will be much neater, more comfortable and convenient to many people. As you are aware, one of the principles of taxation is that there must be convenience in collecting and remitting. When you have different days it becomes inconvenient. Hon. Temporary Deputy Speaker, the second matter that has been addressed in this particular amendment Bill is on the issue of general meeting under the Companies Act. We must accept that COVID-19 has changed the landscape once and for all. It will never be the same again. We are going to remain with COVID-19 for many years to come until we vaccinate every single Kenyan, which is estimated to be 2023. We must find a convenient way to hold annual general meetings as required under the Companies Act. We do laud the proposal by the Government to allow for hybrid meetings, virtual meetings or any form of meeting that can be done at the same time. However, with our unstable internet connectivity, this is still going to be a problem, more so to the minority shareholders who cannot probably have access to these kinds of things. It is still going to be a problem. Therefore, it is a call that it should not just appear in the letter of the law but we must do all that we can to ensure there is stable internet all over the country so that those who wish to attend the annual general meetings through virtual ways are facilitated with stable internet. Otherwise, it will become just a waste of time. We will never achieve the intention of the law. I will move to the Insolvency Act. Again, as I mentioned, Kenya has been ranked favourably in resolving insolvency issues. I believe the purpose of the amendments is to put clarity on the procedure, timings and everything. As I conclude, allow me to make a comment on the amendments to the Small Claims Courts Act that is proposing to ensure that disputes are settled within 60 days. The world outside there is inundated with so many disputes between businesses and between one party and another. As we have always said, the court process is lengthy, cumbersome and expensive. It was the intention of the Small Claims Court that this matter is going to be resolved expeditiously to the benefit of everybody. Therefore, we do laud the 60 days. However, due to inflation and changed business environment, again the limit of Ksh1 million seems to be a bit too low. It might be necessary in the fullness of time to change the same to ensure that we have a higher limit so that we reduce the lengthy and endless court process and backlog in the formal courts. As I conclude, allow me to make two comments generally about the business environment. Kenya is reputed to be one of the robust growing economies. We have signed various trade agreements. Unless we improve on the way we do business and address the enablers, all these agreements we are signing will still remain to the advantage of the partners we are signing with. So, it is a call for us as a country and the various stakeholders to ensure that the enablers are addressed. The issue of high electricity costs is a matter that needs to be addressed. The issue of inadequate water supply needs to be addressed. The issue of corruption and call for bribes for even 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."
}