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{
    "id": 1495524,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1495524/?format=api",
    "text_counter": 408,
    "type": "speech",
    "speaker_name": "South Mugirango, UDA",
    "speaker_title": "Hon. Silvanus Osoro",
    "speaker": null,
    "content": "also makes provision for a vacancy in the Office of the Commissioner, the functions of the Commissioner, and provides for annual reports by the Commissioner. Division 2 relates to county government offices. It establishes the Office of the County Director for Cooperatives and provides for the staff of the Office of the County Director for Cooperatives. It also makes provision for the vacancy in the Office of the County Director for Cooperatives, the functions of the County Director for Cooperatives, and provides for the annual reports by the County Director for Cooperatives. Division 3 establishes the Inter-Governmental Cooperatives Relations Technical Forum and provides for its functions and meetings. Part III, which starts from Clause 19 to Clause 27 of the Bill, provides for the structure of cooperatives in Kenya. It establishes a four-tier structure which includes, Primary Cooperatives, Secondary Cooperatives, Cooperative Federations and an Apex Cooperative. It sets out the types of primary cooperatives that may be registered and prohibits multiple objects in primary cooperatives. It provides for the objects of Secondary Cooperatives and Cooperative Federations. It provides for registration and subscription to the Apex Cooperative and the role and functions of the Apex Cooperative. This Part provides for the annual reports of the Apex Cooperative and registration, regulation and operations of the Apex Cooperative. Part IV, covering Clauses 28-43, provides for registration of cooperatives. It includes the procedure for registration, restriction of registration of cooperatives within the same common band and limitation on names of cooperatives. It also provides for the registration of a cooperative and its by-laws and a certificate of registration as evidence of registration. This Part also provides for the requirement to display a cooperative certificate of registration and change of name or loss of the certificate. It further makes provision for the deeming of a cooperative as a body corporate and prohibition against dual registration as well as amendment of by-laws. It provides for the binding effect of the by-laws of a cooperative and for appeals against refusal to register. It further provides for the presumption of the signature by the Commissioner, the protection of cooperative identity and for the protection and restriction on the use of the name “Sacco”. It also provides for the mandatory usage of names in certain cooperatives. Part V runs from Clause 44 to Clause 51. This part provides for the rights and liabilities of members. These include qualification for membership, limitation of holding share capital, exercise of members’ rights, limitation of membership to producer cooperatives, voting rights of members, transfer of shares, rights of members and the obligations of a member. Part VI covers Clauses 52-56. It provides for the duties of cooperatives. It requires every cooperative to have a registered address in Kenya and to keep a copy of the Act and by- laws at its registered office. It also provides for estimates of income and expenditure, accounts and audits and production of books and other documents by cooperatives. Part VII of the Bill starts from Clause 57 to Clause 66. It provides for governance of cooperatives. It includes provisions on general meetings, special general meetings, presiding at general meetings, the use of physical, virtual or hybrid general meetings and the delegate system of representation. It also provides for membership and powers of the Board, eligibility for the creation of a supervisory board and its duties as well as a nomination committee. Part VIII covers Clauses 67-68 of the Bill. It outlines the procedures for the amalgamation and division of cooperatives. Part IX, which covers Clauses 69-80 of the Bill, provides for the rights and obligations of cooperatives. It permits a cooperative to enter into a charge over a member’s produce and fine a member for violation of by-laws. It also provides for first charge over debts and assets of a member and first charge over members’ shares. This is a very important clause. It also makes provision for an employer’s failure to remit the sum deducted from an employee."
}