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{
    "id": 1485393,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1485393/?format=api",
    "text_counter": 257,
    "type": "speech",
    "speaker_name": "Bonchari, UPA",
    "speaker_title": "Hon. Charles Onchoke",
    "speaker": null,
    "content": "Hon. Temporary Speaker, the Competition Act, Cap. 305 of the Laws of Kenya, contemplates fair trade practices. Section 21 (3) (f) prohibits any agreement, decision or concerted practice that applies dissimilar conditions to equivalent transactions with other parties thereby placing them at a competitive disadvantage. This was the case in these circumstances. The Committee observed that this Agreement was discriminatory and created unfair grounds for other industry players, contrary to the Constitution on non-discrimination on any grounds. In compliance with the Statutory Instruments Act, Cap. 2 (a), Laws of Kenya, Circular No.9/218, Ref. No.ZZ/TS/GP/30, dated 18th October 2018 issued guidelines for grant of tax exemptions. The guidelines were relied upon in granting tax exemptions in a statutory instrument within the meaning of Section 3 of the Statutory Instruments Act. Although the above mentioned guidelines are statutory instruments, the Committee observed that they were not laid before the National Assembly, in line with Section 11 (1) of the Statutory Instruments Act, for scrutiny and approval. Consequently, the circular ceased to have effect upon the expiry of seven days from the date of issuance as provided for under Section 11(4) of the Act. The Special Operation Framework Agreement (SOFA) was a statutory instrument which ought to have been submitted to the National Assembly for tabling and consideration as required under the Statutory Instruments Act. Consequently, the Committee observed that the SOFA Agreement was nullity"
}