Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1495535,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1495535/?format=api",
    "text_counter": 419,
    "type": "speech",
    "speaker_name": "South Mugirango, UDA",
    "speaker_title": "Hon. Silvanus Osoro",
    "speaker": null,
    "content": "Cooperative Tribunal to set aside certain extortionate transactions and outlines the circumstances in which floating charge on a cooperative undertaking or property may be invalid. Part XV, starts from Clauses 124-146 of the Bill. It provides for settlement of disputes. It establishes the Cooperative Tribunal and provides for the appointment of its members. It also sets out the remuneration and term of office for members of the Cooperative Tribunal and the appointments of members of the Tribunal to be by Gazette and when vacancy in the office of Cooperative Tribunal may arise. It further provides for the jurisdiction of the Cooperative Tribunal, registries and sittings and proceedings of the Tribunal. It also provides for orders by the Tribunal and general offences. It grants unlimited geographical and pecuniary jurisdiction in matters of cooperative disputes. It provides for the quorum and benches of the Tribunal, conflict of interest and voting at the Tribunal. It further provides that the powers of the Chairperson may be exercised by the Vice-Chairperson and appeals to the High Court from the Tribunal. This Part provides for the Chairperson’s power to appoint a cooperative assessor at the Tribunal and for its contempt. It also provides for the appointment of a Deputy Registrar of the Tribunal and the right of parties before it. It also provides for the immunity of officers of the Tribunal and for alternative dispute mechanisms. Part XVI starts from Clauses 147-162 of the Bill and contains general provisions. It provides for procurement and disposal in cooperatives, enforcement of ethics and integrity in cooperatives, cooperative self-regulation, credit information sharing, inter-cooperative borrowing, cooperative capital raising instruments and remuneration to officers and members of a cooperative. This Part further establishes the Cooperative Development Fund and delegates to the Cabinet Secretary the power to make regulations. It also provides for the powers of the Cabinet Secretary and County Executive Committee Member, other powers of the Commissioner and the County Director for Cooperatives. It outlines offences and prosecution, provides for the distinction of Cooperatives from trade unions and sets out a general penalty for offences. Part XVII covers Clauses 163-168 and provides for transitional provisions. It proposes the repeal of the Cooperative Societies Act (No.12 of 1997) and the amendment of Public Officer Ethics Regulations, 2003 (LN. 62/2003). It also provides for transition to the Office of the Commissioner and County Director for Cooperatives and the enactment of County Assembly legislations. It provides for the transition of the members and proceeding before the Cooperative Tribunal as well as, the transition of notices, orders, directions and appointments. Finally, is the Schedules. The First Schedule outlines the procedure of liquidation of cooperatives under Clause 109. The Second Schedule outlines the preferential debts in relation to the payment of debts for a cooperative under liquidation. The Third Schedule outlines offences relating to conduct before and during liquidation and criminal proceedings relating to those offences under Clause 117. After highlighting what the entire Bill provides for, it is important for Hon. Members to know that Part I of the Bill aims to update the Kenya cooperative sector through introduction and framework. By aligning it to modern social economic and governance structure as envisioned by the Constitution. In so doing, it intends to further social economic development within a developed system. The core objective of the Bill seeks the establishment at the national level of the Commissioner for Cooperative development and at the county level Directors of Cooperatives, with each office promoting inter-governmental cooperative relations. The legal consistency of this Bill, is rooted in Article 186 of the Constitution and is part of the broader National Cooperative Policy. It intends to harmonise cooperative governance across counties and ensure uniform standards while respecting devolution."
}