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"speaker_name": "Tigania West, JP",
"speaker_title": "Hon. John Mutunga",
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"legal_name": "John Kanyuithia Mutunga",
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"content": " Thank you, Hon. Temporary Deputy Speaker, for the opportunity to add my voice to this important Bill. As we reflect back on the development order, intervention units have been groups. For a very long time, even when we used to have training and visiting approach in extension, it was evaluated and found to be unsustainable because you cannot visit every individual. All interventions were, therefore, structured to focus on or target groups. It implies that the group approach is the best way out. In this country, groups are not considered as legal entities. This is something that I hope this Bill can resolve. As such, the groups cannot transact business with international donor organisations or even get money directly from the government except grants. It is important that this law looks at the possibilities of ensuring these groups become legal entities. They should be recognised in law and be used as such. You cannot take a group to court to demand for money you gave to it because groups are not recognised by Kenyan law. The Societies Act does not recognise groups. The Cooperatives Act does not recognise groups. So, this law, which is domiciled at the Social Development Office, needs to be structured in a way that it recognised groups as legal entities. It is also not possible to pass development credit to groups. In some cases, we have had development funds being misused because the groups themselves are not sustainable, and they are not registered under the law. Access to these funds is very important. The size of groups is also important. If you look at the declared funds—the Women Enterprise Development Fund, the Youth Enterprise Development Fund and the Uwezo Fund—the numbers are a bit dissuading. If the number of members remains 15 and you are giving a group at least Ksh100,000 to undertake development, then that money cannot finance any sensible development. We need to be more flexible. This law should presuppose that a group should consist of at least five members. Ksh100,000 divided by five members gives you at least Ksh19,000, because you retain 5 per cent as management fee. That is an amount that can finance something. You can start a small business using that amount. So, the number of members in a group is an issue that needs to be looked at. I believe this law can take care of that. If you want to focus on the bottom-up approach, which is a development model that aims at bringing those at the bottom of the pyramid up, then we need to have serious groups. If these groups are not anchored in law, then we will not have the possibility of sustaining the groups. Sustainability has to do with continued accrual of benefits over time. We cannot talk of accruing benefits when we have intermittent development. The idea of structure is important. Our communities have loose formations. In time, the loose formations will need to be structured and anchored in law. The idea of structure is from individuals to groups, then from groups to community-based organisations and to cooperatives up to companies and corporates. We have a legal lacuna at the formative units which are not recognised in law. This law will ensure that the lacuna is sorted out. That is why I believe this Bill is timely. 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."
}