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"id": 1476858,
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"type": "speech",
"speaker_name": "Sen. Mariam Omar",
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"content": "Thank you, Madam Temporary Speaker. I beg to move that The Cooperative Societies (Amendment) Bill (Senate Bills No.53 of 2023) be read a Second Time. Under the Constitution of Kenya, the regulation on cooperative society is a concurrent function of the national and county level of Government. The Fourth Schedule to the Constitution, Part 2 No.7 (e) of provides that trade development and regulations, including cooperative society, are functions which fall under county governments. This means that the governance of the primary cooperative society is bestowed upon the county governments. On the other hand, the national Government is mandated to come up with national policy on regulation of cooperative societies. It is also prudent that the national Government be responsible for regulation of the cooperative societies and unions because of their nature and better role in the economy of the country. The Cooperative Society Act No.12 of 1997 was enacted in 1997 and came into operation on 1st June 1998. Clearly, enactment and commencement of this Act proceeded the Constitution of Kenya 2010 dispensation. This necessitates the amendment of the Cooperative Society Act No.12 of 1997 to align it with the Constitution of Kenya 2010. This was to set out the respective function of the national Government and county governments regarding the governance of the cooperative societies. Madam Temporary Speaker, Clause 2 of the Bill seeks to amend Section 2 of the Act to broaden the definition of a cooperative society to include provisionally registered cooperative societies. It also seeks to update the terminology by removing the definition of the term ‘ministry’ and insert a new definition as cabinet secretary, the county executive committee, committee members and director to align with the current administrative and structural change in the Government. Clause 3 of the Bill seeks to introduce Section 2A into a principal Act which relates to the guiding principles of a cooperative society, including non-discrimination, voluntary and open membership, democratic member control, autonomy and independence. It also emphasizes on public participation, continuity training and cooperation among the society, concerning greater community responsibility, commitment and equity in income distribution; all of which are designed to uphold the core values and effective governance of a cooperative society. 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."
}