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{
"id": 1475547,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1475547/?format=api",
"text_counter": 328,
"type": "speech",
"speaker_name": "Dagoretti South, UDA",
"speaker_title": "Hon. John Kiarie",
"speaker": null,
"content": "Part V of the Bill contains the licensing provisions. Clause 28 of the Bill outlines the requirements for a person intending to apply for a licence to operate or carry out business activities in a technopolis. It gives the authority power to grant an exemption. Under clause 29 of this Bill, the authority is allowed to issue different classes of licences to ensure alignment to different strategic focus areas and the master plans of a technopolis. This Bill also gives the authority the discretion to issue licences and provide for renewal of a licence before the expiry of the validity period under clause 30. The Bill provides for the suspension or revocation of a licence where a person has, among other things, contravened any of the conditions of the licence. Part VI of the Bill contains the enforcement provisions, including sanctions for non- compliance with the Act. Clause 37 of this Bill gives the authority the power to undertake inspections in a technopolis to ensure compliance with the development control and licensing requirements. The Bill also outlines the enforcement sanctions for breach of any provision of the Bill and requires the authority to comply with the provisions of the Fair Administration Act, 2015, under Clauses 38 and 39, which I know would be of import to you, Hon. Deputy Speaker, as a lawyer, knowing the need for fair administrative actions. Part VIII of the Bill contains the financial provisions, including the sources of money for the authority, the annual estimates, and financial reporting mechanisms. Part IX of this Bill contains provisions relating to the technopolis dispute resolution tribunal, which shall be established to determine appeals from decisions of the authority on licensing, development, control and any enforcement decision. This part allows appeals to be made on decisions of the tribunal to the high court within 30 days. Clause 51 of the Bill mandates the Judicial Service Commission to appoint staff at the tribunal as appropriate. Clause 52 of the Bill allows the expenses of the tribunal to be paid out of the Judiciary Fund. Clause 57 of this Bill obligates the tribunal to formulate its procedure for the determination of appeals that are placed before it for determination. Hon. Temporary Speaker, Clause 58 of the Bill outlines the powers of the tribunal that are necessary for it to adjudicate matters. In decision-making, the Bill allows the tribunal, under Clause 59 of the Bill, to confirm or set aside the order or decision of the authority in question or make such other order as it may deem just. Clause 60 of the Bill provides for the right to appeal a decision by the tribunal at the High Court within 30 days of the decision. Clause 61 of the Bill empowers the Chief Justice to make rules governing the practice and procedure of the tribunal. Hon. Temporary Speaker, the final clause in Part X, Clause 65 of the Bill, contains the general provisions, which include provisions relating to the power of the cabinet secretary. He or she will make regulations to operationalise the provisions of the Act, incentives applicable to a technopolis, and all that encompass the provisions relating to the powers of the cabinet secretary. In clause 63 of the Bill, a person who commits an offence under this law shall, on conviction, be liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years or both. Clause 64 of the Bill also provides for general penalties for offenses of non-compliance and carrying out a business activity within a technopolis without a license or exemption, where on conviction, the person is liable to a fine not exceeding five million shillings or to imprisonment to a term not exceeding five years or both. Part X1 of the Bill contains the transitional and saving provisions. It is important to realise that an authority called Konza Technopolis Development Authority (KODTA) exists. We need to provide for the transition to the new Technopolis Development Authority so that we safeguard the gains that have been made by KOTDA and also ensure the expertise and regulatory aspects that have been made are seamlessly transitioned. Through the transition clauses, the Bill preserves the existing rights and obligations, including the contracts, the staff, 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."
}