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{
    "id": 1142710,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1142710/?format=api",
    "text_counter": 206,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "Madam Temporary Speaker, Sen. (Dr.) Musuruve and PWDs in the country have been given latitude. It could be a people from a lesser tribe or clan. This definition can encompass everything. Clause 13(1) and (2) of the Bill says: “(1) The Director shall, within fourteen days of receiving an application under section 9, either register or refuse to register a community group. (2) Where the Director refuses to register a community group, the Director shall notify the applicants of the refusal in writing setting out the reasons for refusal.” I think this is just basically principles of natural justice. What we should have added and, of course, the Bill has provided for, is whether they can appeal. Sometimes it could be out of technical, name or maybe the formation errors. One of the conditions in this Bill is that you must be 18 years and above. Sometimes if we do not train our people, they can even include a 17-year-old and in the process, that could be a technical error. I wish for such a provision under the law. I think the Senate Majority Leader will agree with me, that we might amend somewhere to provide a review or appeal so that it does not become a dead end. Still on Clause 13 of the Bill is with regard to the 14 days of receiving application, which is important. The usual standard has been three months or 90 days, which is a long time. Imagine a CBO in Mosoriot in my village of Kapkeben, has got a British donor who wants to give them some money. The donor is then told that he can give the donation within one or two months. We are now bringing it to 14 days and I think this is very important. Regarding Clause 14, I think two years is sufficient for a registration to expire and you can apply for renewal. The other aspect I wanted to mention is cancellation of registration. Clause 15 talks about the director canceling the registration of a community group. I do not agree with this. I wish it could say “the committee” because we have already formed the Committee and wish it is given the powers to cancel a registration. I agree with the basic requirements that a group can be cancelled if members of the community group fail to comply with community group’s constitution. However, I wish the director does not have sweeping powers. The same Committee that has been formed at the sub-county or even county level should be used. That way, we will not have a director walking around with sweeping powers and can just decide to cancel or revoke your license. That is dangerous. Let us also give oversight and accountability at that point in time. I agree with the clause on a community group dissolving itself. That is voluntary. Another game changer is the merger of community groups. I think now it is recognized. A CBO may want to apply for more funds and now they are allowed to merge so that they can have capacity to apply. That is very important and it is recognized legally. You can merge groups and push for a similar agenda. For example, we have five or six CBOs each having 10 members, that is around 50 members, who can then apply for a bigger chunk in order to achieve something. If they are applying for Kshs1551320 or 20 million, it will be easy to do that. Finally, I think the offences are too lenient. Any person that refuses to honor summonses, I agree with the process of investigation. I also agree that if anybody is"
}