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{
"id": 1499019,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1499019/?format=api",
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"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": " Hon. Deputy Speaker, let me thank the Hon. Deputy Leader of the Majority Party in the National Assembly for asking me to second the Kenya Revenue Authority (Amendment) (No. 2) Bill, (National Assembly Bill, No. 35 of 2024). Hon. Deputy Speaker, as I support, I just want to raise a few concerns here and there, because this Bill is published under the name of Hon. Kimani Ichung’wah, the Hon. Leader of the Majority Party. Indeed, I would imagine, so to speak, in the old constitutional dispensation, it would be called a Government Bill. So, it must have gone through a bit of consultations before it was published. Even the Mover himself, who happens to be the owner of the Bill, has misgivings on some of these clauses. That probably reinforces the view that is held outside there that probably, this House could easily become a conveyor belt. But that is beside the point. I stand here to support the Bill as moved by the Leader of the Majority Party. Of course, like any typical Bill, it is now the property of the National Assembly. The National Assembly can do with it whatever it wants to do until it gets to the final end. It is a short Bill basically to put a few things here and there. I have misgivings on Clause 2(a). We need to review it. This is because it is allowing the Kenya School of Revenue and Administration (KESRA) to develop a curricula, assessment or examination of students and awarding of certificates. For an institution to award a certificate and ensure the certificate is recognised internationally or in other places, there must be a process of certification or accreditation. I hope and pray that it is the intention of the Mover of the Bill to seek accreditation from the Council of University Education. This is because if they collaborate with an institution of higher learning, it has only to be the university, or they will seek authority from the Technical and Vocational Education and Training (TVET) Authority, as well as Kenya National Examinations Council (KNEC). Otherwise, their certificates will only be good to work at the Kenya Revenue Authority (KRA) and nowhere else within this country or outside. This is an area in which we must apply ourselves and see how to amend to make sure that it is in tandem with the reality. Clause 3 of the Bill is the most mischievous. I wonder how somebody who really believes in the tenets of corporate governance would want to give the commissioner the absolute authority to appoint his or her deputies. This is a complete abuse of power. As I second, I hope the Committee that is involved has seen the mischief here. I request them to seek a complete deletion of the clause. Clause 4 is another fairly controversial one. An agent is required to collect taxes on behalf of KRA. The date of remission or submission is clearly agreed upon in good time. To talk about system failure is really handing the agent the right or the opportunity to abuse that privilege. In any case, if you know the last day will be tomorrow, a prudent professional or manager as an agent, will seek authority to remit in fairly good time because when the system gets clogged, it will obviously delay. Somebody can actually use it to misbehave. Again, I would believe that when the Commissioner appoints an agent, he will put into place adequate measures to ensure that the agent is solvent. To imagine that such an event or notification of the person that has been put under receivership or statutory management to"
}