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{
    "id": 1476888,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1476888/?format=api",
    "text_counter": 210,
    "type": "speech",
    "speaker_name": "Sen. Wakili Sigei",
    "speaker_title": "",
    "speaker": null,
    "content": "they have not complied with. So, the law gives them a period within which they are supposed to do that and that is 14 days. Sorry, it is not 14 days. The law gives them a period not exceeding one year to ensure that they comply with requirements they might not have met at the time of registration. That provisional registration is also an important step in facilitating a cooperative society to perform the functions of a society, one of which is to protect interests of members and of those who trade with the society. As long as they have achieved a certain threshold, that provisional registration period of one year will allow them to comply within that one year, failure to which the law also sets a default position, which will require them to be de-registered. Madam Temporary Speaker, this is a very important law. We come from counties where farmers with common interests come together, such as those involved in milk production. I come from Bomet County where in almost every division, there is a cooling plant for collecting milk from farmers and moving it to the next step. It is the societies that help them to do that. There are also tea growing areas where we have tea factories. Most farmers who take their produce to those factories have a number of cooperative societies or groupings that coalesce to ensure that they collect resources. That includes funds that they utilise because they facilitate financial capacity of farmers and members who are not necessarily farmers but trade with the farmers. For instance, we have Imarisha SACCO, one of the national SACCO that support farmers. The SACCO supports business communities, teachers and every other person who trades as a society, individual or farmer. We have got a number of them in my county. This law will support enhancement of the farmers in terms of giving them capacity to get loan facilities or save the little they get. It will also enable them get to places where they will supply their produce and get payment within time. Apart from that, the law will also help them appreciate the need to come together. Madam Temporary Speaker, in further amendments to the Principal Act, Clause 25 provides for charges. This is an area where once most members have taken a facility, for example, without security, they are supposed to be registered in a way. This clause seeks to introduce a requirement of a society to register charges. That is important in protecting the assets of members as well as those of the society. Clause 25(4) states that failure to do so, it becomes an offence. I propose that Sen. Mariam relooks at the penalty. It states that an officer of a cooperative society will commit an offence in the event they fail to register a charge. The penalty provided in this law is a fine not exceeding Kshs5,000 every day. I propose that we enhance that to have a penalty that is payable for three reasons. Firstly, it will act as a deterrent for purposes of non-compliance on the part of those who are responsible. Secondly, it should be a little bit punitive. The amount of Kshs5,000 is too little to act as a deterrent for someone who breaches that requirement of the law. If we enhance that, it will serve the purpose for which the law is enacted. Madam Temporary Speaker, as I finish, this law seeks to align its provisions with the Constitution. I am sure that at the end of this debate, there will be a number of proposals that will be made by Members. 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."
}