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{
    "id": 1446563,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1446563/?format=api",
    "text_counter": 182,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "minimize the employment of foreign personnel. These are what I call potential areas of conflict that we need not to legislate. I completely hold a different view on this particular issue because employment is a very sensitive issue and in a country that is defunct of employment opportunities such as Kenya, the minute you start legislating things such as this, then you are setting up investors and no investor will set foot in this country. This thing is so serious. I saw in the neighbouring county of Nandi, that an investor who runs a tea factory the other day, was being taken to task in all this madness that has been going around of young people demanding opportunities. They are being told that your Chief Executive Officer (CEO) must be a local from this county not even from the region or the tribe. The minute we begin to legislate things such as what is in Clause 28, about expertise, this is not a matter that you want to speak to and put in law. I hold the view that the minute you legislate and want to put it into law, these are what you call the turn-offs to an investor. If I am putting my one, two, three, four or five million dollars on this very expensive equipment either for exploitation of gas, oil or even mining of gold, that despite the investment that I am putting in, you want to dictate to me who I employ. I do not think as an investor, I will take the risk to come to your country because tomorrow you will be taking me to court if I tell you that these machines can only be operated by specific people. You will say, no, he is a graduate. It is not just about the issue of graduating and having the expertise. What experience and capabilities culturally, do we agree with? Do we share the same values? Therefore, these are things that are either left to regulation or licensing conditions, but not to be elevated to the level of a statute. I continue to insist that as Parliament, we must learn to listen to the industry. Madam Temporary Speaker, you were there the other day, when we came from Mombasa where we had a roundtable with the Kenya Private Sector Alliance (KEPSA). Part of the criticism that they continue to give to us as legislators and as lawmakers of the country is that we listen to the Government side alone. Many times, we make laws with the Government, the Executive and the people in mind without considering that there has to be a counterbalance. You can protect the people, but if the industries are not there, what happens? As legislators, we must rise to the occasion and appreciate the need to ensure that we balance both the needs of the investors; the people that are coming up to set these industries and the local communities such as what we are speaking to. I pointed out the deficiency in terms of the operation of this Bill in Clause 28. The last one is Clause 30, which speaks to the transfer of technology and research plan that– “The Cabinet Secretary shall, in consultation with the Committee and in collaboration with relevant State agencies and county governments – (a) formulate a strategic plan to transfer of technology concerning various operations in the extractive industry; and, (b) publicise in such a manner that it shall consider the appropriate strategic plan.” 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."
}