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{
    "id": 1156248,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1156248/?format=api",
    "text_counter": 155,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "The intention is good because there is nothing as important as price stabilization. When you have Guaranteed Minimum Returns (GMRs), that is the only way that farmers can engage in farming without having any fear of meeting the cost of production. If you pay farmers Kshs10,000 per tonne of sugarcane delivered to a factory and ensure the price does not go down, that will encourage many people to engage in farming. That is what happens in USA. If there are adverse weather effects and your maize gets destroyed, the Government pays you. That is what we need to do even for our livestock farmers. If we experience adverse weather conditions and your cattle dies - for Gods’ sake, it is not you who brought the drought - the Government should have a way of cushioning such farmers. I hope that this development levy and what is stated in this Act, will be used for price stabilization. I hope we will not see corruption coming in again so that this money is diverted. If we create a levy, let us use it to stabilise the prices. Madam Temporary Speaker, I have not seen whether there will be a competitive recruitment process for the Tribunal that is proposed. The Bill proposes that this Tribunal under Section 40 of the Act, will be picked by the Hon. Chief Justice (CJ) to hear disputes between farmers. That is a very good thing. However, we need to be careful. Instead of putting this as an obligation of the Hon. CJ, the fairest way to recruit members to tribunals is to engage the Judicial Service Commission (JSC) because it has quasi- judicial officers. Therefore, this is a function that should be in the hands of the JSC. The same way people apply for positions of judges of the Court of Appeal, High Court and Magistrate Courts, it should be the same thing. If you give this discretion to the CJ, most likely people may want to go to court and challenge some appointees. This puts the office of the Hon. CJ in a very awkward position. In fact, what is even worrying is if you read Section 40(b) which says: “The CJ in consultation with the Attorney General and the Council of County Governors---”. I am wondering if the CJ will call a meeting between CoG and the Attorney General to come to his office and ask them to agree on who they should appoint. Kenyans, being who we are and because of the freedom that has come with a new Constitution, you will see litigation. You can imagine a CJ of the Republic being named as a respondent or being challenged in court that he or she did not follow the due process and that there was no public participation. It will not look nice. The best thing that I propose is that we should consider that the issue of appointment should be left in the hands of the JSC. I will propose this amendment. The CoG has already been recognised because they will propose a person to sit in the Kenya Sugar Board. That is good enough. However, the idea of appointment of the Tribunal that will be hearing disputes, should be a preserve of the JSC. Madam Temporary Speaker, in terms of how you utilise this levy, we had a case and I was privileged to be involved in it that we filed in the High Court in Kericho County. The case was on the utilisation of the tea levy. One of the issues we raised in court, was that it is unfair to tax farmers and say that you want to use that money for"
}