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{
    "id": 1080064,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1080064/?format=api",
    "text_counter": 213,
    "type": "speech",
    "speaker_name": "Homa Bay CWR, ODM",
    "speaker_title": "Hon. (Ms.) Gladys Wanga",
    "speaker": {
        "id": 590,
        "legal_name": "Gladys Atieno Nyasuna",
        "slug": "gladys-atieno-nyasuna"
    },
    "content": " Thank you, Hon. Temporary Deputy Chairperson. I beg to move: THAT, the Bill be amended in Clause 2 (a) - (a) in the proposed definition of the term “control” by- (i) deleting the word “or” appearing in paragraph (f) (i) and substituting therefor the word “and”; (ii) deleting paragraph (f) (ii) and substituting therefor the following new sub paragraph- (ii) upon assessment, the Commissioner deems influence in the price or other condition of the supply of the purchases of another person; (iii) deleting the word “or” appearing in paragraph (g) (ii) and substituting therefor the word “and”; (iv) deleting paragraph (g) (ii) and substituting therefor the following new sub paragraph- (ii) upon assessment, the Commissioner deems influence in the price or other condition of the sales of another person; The import of this amendment relates to the definition of control. “Control” is when you determine that Company A has control over company B. If you look at Clause 2, there are many aspects that have been listed as control. (a) that the person, directly or indirectly, controls at least 20 per cent of voting rights; (b) a loan advanced by the person to another person constitutes at least 70 per cent; (c) a guarantee by the person for any form of indebtedness of another person constitutes 70 per cent. (d) the person appoints more than half of the board of directors. (e) the person is the owner of or has the exclusive rights over the know-how, patent, copyright... I am just trying to explain so that Members can tag alone. We are trying to amend the clause which says that if a person supplies at least 90 per cent of the supplies or purchases of another person, then that person is considered to control the other. We are deleting the word “or” and substituting it with the word “and”. The clause will read as follows: ‘the person or a person designated by that person – (i) supplies at least ninety per cent of the supply of the purchases of another person; and (ii) in the opinion of the Commissioner influences the prices or other conditions relating to the supply of the purchases of another person.’ This particular point in practical terms means, for example, the issue of the relationship between Boeing and Kenya Airways. Boeing, because of the nature of its business, supplies 100 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."
}