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"id": 1335474,
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"type": "speech",
"speaker_name": "Hon. Kimani Ichung'wah (",
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"content": "As is the case with other such Statute Law (Miscellaneous Amendment) Bills, this Bill seeks to amend various proposals in all the Acts that I have mentioned. Most of them are not substantive amendments, therefore, they qualify to be included in such a Miscellaneous Amendments Bill. Hon. Speaker, part of the amendments to the Public Holidays Act seeks to delete the provision of Utamaduni Day as a public holiday. As you will remember, this holiday was once called Moi Day. Later, it was renamed Huduma Day and eventually, Utamaduni Day. This Bill seeks to amend the Public Holidays Act to delete the provision of having 10th October as a public holiday. However, there are further proposals. As you will remember, recently, the Ministry of Interior and Coordination of National Government gazetted another public holiday and Kenyans utilised it to plant trees. Therefore, during the Committee of the whole House, we seek to further amend the Act so that instead of deleting this holiday, we rename it. We can maintain the name Utamaduni and have the day designated to planting of trees so that Kenyans can have a day set aside for planting trees. When we get to the Committee of the whole House, I will propose amendments to maintain the day as a public holiday but have it themed around climate change, its mitigation and environmental protection. Kenyans will have opportunity to use this day like the holiday we had last month to plant trees. This Bill also seeks to amend the Oaths and Statutory Declaration Act, to provide that an advocate appointed as a Commissioner of Oaths and assigned the role of Chief Registrar of the Judiciary, the Registrar or Deputy Registrar of a superior court or subordinate court, to administer an oath, affirmation or take an affidavit of Statutory Declaration under the Act. Further, the Bill also proposes to amend the Advocates Act (Cap 16) by providing that the Registrar responsible for keeping the roll of advocates shall be the Chief Registrar of the Judiciary. The Bill further proposes to amend the Act to provide that the Council of the Law Society Kenya (LSK) may with the approval of the Chief Justice make rules for admission of advocates. As Members know, LSK is a professional organisation of lawyers. It has a critical role to play in determining how lawyers are admitted to join the roll of advocates. Therefore, this Bill is giving the Council powers, that with the approval of the Chief Justice, they may make rules for the admission of advocates. The Bill seeks to amend the Civil Procedures Act, to provide that the members nominated by LSK and appointed by the Chief Justice shall be three advocates and not eight as currently nominated from each of the LSK branches. The Bill also seeks to amend the Industrial Training Act to provide the date for remittance of the training levy. It shall be the 9th day of the month and not the 15th day. This is in order to harmonise with the period within which Pay-As-You-Earn (PAYE) is remitted to the Kenya Revenue Authority (KRA). Principally, the current Industrial Training Act gives the last day of payment as the 15th day of the month. Many corporate organisations including public entities that collect the Industrial Training Levy do not remit the money on time. In many circumstances, people pay PAYE, National Social Security Fund (NSSF), National Health Insurance Fund (NHIF) but this is pushed to mid-month. So, other pressure weighs on businesses and people tend to delay making payments. We want to align the payment of the Industrial Training Levy to that of PAYE because this money is deducted from employees. The moment you deduct their taxes and levy, as you remit PAYE to KRA, you also remit this money to the National Industrial Training Authority (NITA). This institute plays a 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"
}