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"speaker_name": "Sen. Sifuna",
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"legal_name": "Sifuna Edwin Watenya",
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"content": "Mr. Deputy Speaker, Sir, we have laws in our books to prevent operators of a club, just like this law that we are debating this afternoon. It has restrictions on the age limits of the people who can participate. There is a restriction on the age of persons who can enter into a club in Nairobi or anywhere else. Having the rules there should be sufficient for us not to criminalise the activities. We are trying to make sure that the activity is conducted safely and does not endanger the lives of people or, in fact, jeopardise the future of young people. I went through the Fourth Schedule to ascertain that, in fact, this is a function that can be properly undertaken by the national Government. If you look at the submissions by the Senate Majority Leader, I think it is one of the speeches that have earned him applause from our side. This is because he has reinforced things that we have been saying about legislations that come before this House. Not least among them is the need for leaders; MPs and Members of committees to read Bills before passing them. I was very happy to hear him say that. This is because some of us have been sounding like madmen when we insist that in this House we must consider, read and be given sufficient time to debate Bills. I am very happy that the Senate Majority Leader is echoing those sentiments, so that we are able to debate and consider these Bills. I also do not know where some of us get the moral authority to condemn the young people who have also learnt from us. That money can be made in easy ways. We have developed a society that encourages easy money. We cannot be the ones to condemn people for placing a bet and trying their luck. All we need to do as a House is to make sure that the activity is properly regulated. I was trying to read through this Bill and compare it with the existing legislation on betting, lotteries and gambling, to try and see if there are any differences. I was not catching too many of those differences. Let me start my analysis of the Bill with Clause 5. One of the problems I have always had with some of the legislation we pass in various sectors is this requirement of local ownership. It has been argued for and against. I am a strong believer that you unknowingly end up dissuading people from investing in your own country if you put up restrictions such as this. If you look at Clause 29 of the Bill, there is a requirement that for you to be given a license to conduct this gambling business in the country, 30 per cent of your company has to be ceded by a local person. It is very difficult. I remember the discussions during the Energy Committee inquiry into the high cost of electricity. It is not always easy to find somebody who has the same vision as you in business and is ready and willing to put up the resources that are required for you to be able to undertake that business. It is also not easy for you to find somebody who will not abandon you along the way. I think you have seen in the betting industry, especially online sports betting, famous companies that started this have ended up disintegrating. I do not want to mention names. This is because of the squabbles amongst shareholders who were basically yoked together against their will because the law requires that you have a certain local shareholding. If you go to Clause 68(2) of the Bill, this is something that Sen. Cherarkey was worried about. I can see that it has provided that a person licensed to carry online 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."
}