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{
"id": 181368,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/181368/?format=api",
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"type": "speech",
"speaker_name": "Mr. Kosgey",
"speaker_title": "The Minister for Industrialization",
"speaker": {
"id": 177,
"legal_name": "Henry Kiprono Kosgey",
"slug": "henry-kosgey"
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"content": " Thank you very much, Mr. Temporary Deputy Speaker, Sir. Mr. Temporary Deputy Speaker, Sir, that applause shows the acceptance of this Bill by the Members. I wish to thank all the Members who have contributed to this Bill, particularly, the Seconder who made very useful contributions. However, that is not to say that others who spoke did not make useful contributions. Mr. Temporary Deputy Speaker, Sir, at the outset, I wish to state that I have taken into consideration, in particular, the fact that currently, there are laws in this country that deal with the same issue of protecting certain aspects of our economy. One of the law that was referred to is the Music and Copyright Act. The others include the Trademarks Act, the Intellectual Property Rights Act and the Pharmacy and Poisons Act. However, as I said from the beginning, there is need to have a particular law. It is not going to be in conflict with the existing legislation. It is not even going to be in conflict with the Customs Management Act. It will be complementary. Mr. Temporary Deputy Speaker, Sir, the issue of counterfeit has become a serious menace and threat to our economy. There is need for this Anti-Counterfeit Bill, specifically to deal with counterfeit goods. Similar laws exist in South Africa and in more developed counties in the West. These laws are meant to safeguard intellectual property rights and manufacturers from counterfeit goods. Mr. Temporary Deputy Speaker, Sir, I have noted the concern of Members, particulary on the definition of counterfeit. As I said, this will not affect generic drugs. We will introduce a October 30, 2008 PARLIAMENTARY DEBATES 3199 specific amendment so that it is in keeping with the World Health Organization (WHO) requirements. People who are currently on generic drugs, particulary those living with HIV, have nothing to fear. However, generic drugs also suffer from counterfeiting. There are counterfeit generic drugs in the country which are not effective. Their efficacy is zero. I gave the example of anti-malarial drugs which are really just chalk or chokaa in Kiswahili. Mr. Temporary Deputy Speaker, Sir, I have noted the concerns of hon. Members on the size of the board. We are going to amend that. Actually, 18 members is not a board. It is a baraza ! We do not want to ask the chairman of this board, when eventually appointed, to chair a baraza instead of a board. So, we will bring a much leaner board. Under the Companies Act, I think directors are a maximum of 11. Mr. Temporary Deputy Speaker, Sir, I have also noted the sentiments of hon. Members who said that when appointing members of the board, we need to take into consideration, gender representation. I think it is now a common practice in Kenya, to take into consideration, gender representation in various boards. I think this is an unwritten rule which I hope will be written one of these days that a third of any organisation or board should be of either gender. It does not say that the women should not be more. If the women are more, you take care of the men and make sure they are a third and vice-versa . Mr. Temporary Deputy Speaker, Sir, I had noted the sentiments of hon. Members with regard to the definition of the chair or the Executive Director should be a lawyer. I intend to amend it at the Committee Stage to make sure that we do not discriminate against other Kenyans who may be qualified but may not necessarily be lawyers. This should not be a preserve of lawyers but any competent Kenyan who will have the necessary qualifications to chair a board of this nature will be appointed as the Executive Director of this body. Mr. Temporary Deputy Speaker, Sir, it is very important that the Pharmacy and Poisons Board is represented in this board. This is particulary because counterfeit drugs have been a health hazard to Kenyans. So, they will be represented. This was an oversight. I have received suggestions from stakeholders that it should be so. I thank hon. Members for being very vigilant. They are just as vigilant as stakeholders out there who want to see things done correctly. Mr. Temporary Deputy Speaker, Sir, I do not need to emphasize what I said about introduction of an appropriate amendment to make sure that we do not outlaw generic drugs. We do not need to emphasize this point. We need to make sure that Kenyans who are listening to this debate and knowing today that the Anti-Counterfeit Bill has gone through its Second Reading, they have nothing to fear, particularly with respect to generic drugs. The generic Anti-Retroviral drugs will continue coming to the country. But as I said, even some ARVs are counterfeited. They may be taking the wrong drugs while thinking that they are the right drugs. Mr. Temporary Deputy Speaker, Sir, the bit about music--- Let me just go back a little bit. Music and piracy, in the wider sense of the word, is counterfeiting. There is a law currently, the Music Copy Right Act. There is a board to that effect. Since the emphasis will be counterfeit manufactured goods, that board must be told to wake up and do its job. It does not have teeth. But I hope one day it will be given teeth. However, the inspectorate here, which is being created through the Agency, will have some teeth. They will have some teeth and some prosecutorial powers. That will assist the Music Copy Right Board in the performance of their duties. With those few remarks, I beg to move."
}