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"id": 181363,
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"speaker_name": "Mr. M'Mithiaru",
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"content": "Thank you, Mr. Temporary Deputy Speaker, Sir. Let me also October 30, 2008 PARLIAMENTARY DEBATES 3195 congratulate the Minister and his staff for a job well done in bringing this Bill to this House. Let me also recognise the efforts that have been made by the various stakeholders to ensure that this Bill has seen its way to the House. Mr. Temporary Deputy Speaker, Sir, counterfeiting is a very dangerous activity, especially when we know the kind of impact it has in the lives of Kenyans. When it comes to the manufacturing sector, counterfeiting has affected the growth of that sector. That is because counterfeit goods have found their way into the market, when they have not been produced by the mainstream manufacturing sector. Mr. Temporary Deputy Speaker, Sir, we also know that when we see goods in the market that have not passed through the due process, they have also deprived the Government the due revenue that is normally realized through the taxes that are paid by the manufacturers. We also do realize, especially with regard to counterfeit medicines, the danger they pose to the lives of the people. When some people take counterfeit medicine, they tend to make the diseases they are supposed to treat be very resistant to medication. So, we have very many Kenyans today who are languishing with untreatable diseases, just because they consumed medicines that do not have the quality to treat the diseases. As a result, today we have many Kenyans who have been to hospitals all over. Some of them say that doctors cannot diagnose their disease, just because the chemicals that are in those counterfeit medicines are not the ones that are supposed to treat the disease, and have reacted with their bodies, hence they have caused them a lot of havoc. Mr. Temporary Deputy Speaker, Sir, we know that counterfeiting cuts across all the sectors of the economy today. Talk of any area, medicine, manufactured goods or music, which was spoken about earlier, there has been counterfeiting in all those sectors. Why has it been so? It is because there has been no effective legal and regulatory framework to curb the menace. The passing of this Bill is going to bring sanity in all our sectors of the economy, and ensure that there is a legal framework which the consumers can resort to when they are sold counterfeit goods. There is also the regulatory framework that will be established through an authority to ensure that there is proper supervision and inspection of all the outlets, through which counterfeit goods come into our market. So, it is only good that this House should support this Bill, so that it addresses the issues that have posed danger in our own country. We know very well that today there are no laws and regulations that discourage counterfeiting. Provisions that relate to counterfeits are scattered in very many Acts of Parliament. I think this Bill will bring together all the issues on counterfeiting under one Act. This is going to be easy to manage in terms of effectiveness. There will be a way to trace the impact of the Act once it becomes law. We know today that counterfeit goods, like medicines, are close substitutes of the genuine goods and the unsuspecting consumer is just a victim; they do not know what they should do. So, this law will be useful in addressing all those issues. What I would like to see in the law is that the powers of the inspectors, who are going to be the enforcement officers of it once it becomes law, are enormous. This is an area that we cannot just leave to the inspectors without giving them the teeth with which to \"bite\". This will ensure that all those who practise, aid or abate counterfeiting will be brought to book as quickly as possible. Mr. Temporary Deputy Speaker, Sir, when I went through the Bill, I saw that there was a creation of a very large board of about 28 people. That is a very large board, indeed. It is not a board! I would say it is kind of a rally group, because 28 people are just too many. I think a lean board would be more effective than a very big one. So, I am sure the Minister will also look into that issue to ensure that when it comes to amendments, this can be done so that we can have a leaner board. The other issue is that those who practise counterfeiting have been there. They have money and are able to fight back very vigorously. So, they may even move to court to file cases that are 3196 PARLIAMENTARY DEBATES October 30, 2008 going to be in court for years and years. I would say that to ensure that we do not subject Kenyans to the rigors of undue court process, in this Bill, we can have a provision for a tribunal. This tribunal will bring the parties together and hasten the process, where there is dispute between parties. So, this is a Bill that is long overdue. It is a Bill that is going to save Kenyans, and it needs to be supported by everybody. With those few remarks, I beg to support."
}