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{
    "id": 1367799,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1367799/?format=api",
    "text_counter": 353,
    "type": "speech",
    "speaker_name": "Sen. Wakili Sigei",
    "speaker_title": "",
    "speaker": null,
    "content": "stolen, they can always be easily traced. That is very important in the recovery of such livestock. The provisions of Clause 3 (1) (2) (3) and (4) are very crucial to this particular Bill. Madam Temporary Speaker, the role that has been given under this clause to the national Government in formulation of the policies and creation of a mandate to acquire equipment for purposes of this Bill, ensures that there is a clear demarcation of the roles that the national Government and the county governments are expected to deal with. The same clause also provides for the role of the county governments. This includes registration of the brands and processing of registration of the brands and design. This will ensure that there is no conflict of the roles between the two levels of Governments. The moment we have the policies in place, the county governments will be under an obligation that is clearly provided for under this Bill to make sure that the brands which have already been applied for registration by various farmers are registered and the designs are protected to the very specific person who applies for them. As long as they meet the requirements under the legislation and the county policies that will be put in place, because the same obligation is given to the County Executive Committee (CEC) of the relevant department or sector of the county government. This is well provided for under the provisions of Clause 3 of this Bill. Part 2 of the Bill speaks to the issues of branding livestock. The only area I am concerned with and I urge Sen. Cherarkey to look into, is the provisions of Clause 5 where it provides for the functions of the County Executive Committee Member (CECM) of the relevant ministry. Under 5(a), the mandate of the CECM is to establish and maintain a county register of livestock brands. Besides the creation of the register, there is a missing link on how that register will be developed. Whether it is to do with the farmer or with the number of livestock a farmer has. We have listed in the Act that, but we have not identified whether we will be dealing with a county register for specific individuals or for the county. I would urge Sen. Cherarkey to re-look at it so that it is clarified on its provision. Madam Temporary Speaker, secondly, under sub-clause (d), there is establishment of systems for tracking stolen livestock. That still needs to be provided for on whether we are going to be dealing with a county tracking system or a general tracking system for all, which will be applied across all counties in the country. My concern is with provisions in Clause 6 on application for registration of a brand. Article 45 of the Constitution recognizes and acknowledges the entitlement of an individual and the protection of intellectual property. This design of brand has not been clearly defined by this Bill and whether it will be protected as an intellectual property. Whether it will be a brand mark or whether it will be something else, there is need for clarification to the extent of designs and their registration. Madam Temporary Speaker, there is legislation under the Trade Marks Act and other relevant intellectual property rights in this country that provide for the procedure and requirements for registration of such rights under the Kenya Industrial Property Institute (KIPI). This legislation has not been clearly defined as to whether or not these brands will qualify as intellectual properties or not. I urge Sen. Cherarkey to ensure that it The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}