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{
"id": 207048,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/207048/?format=api",
"text_counter": 193,
"type": "speech",
"speaker_name": "[The Minister for Justice and Constitutional Affairs]",
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"speaker": {
"id": 47,
"legal_name": "Mutula Kilonzo",
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"content": "attempting to take over housing estates where there has been default. This proposed amendment will help sort out these problems in a more structured way. There are also proposals to amend the Public Trustee Act to enhance the powers of the Public Trustee by authorising the Public Trustee to administer estates of a higher monetary value. This is necessitated by where our economy is at this time and the value of the shilling, where the value that was previously picked is too low and estates falling under the public trustee are of greater value than what is stated by the law. Mr. Deputy Speaker, Sir, it is also proposed that the Service Commissions Act, Cap.185 be amended to empower individual service commissions to establish a superannuation fund for the benefit of the officers they employ and prescribe rules in respect of such funds. There are also proposals to amend the Land Adjudication Act to provide for the prompt registration of titles in respect of which there is no objection after adjudication. Currently, titles cannot be processed even if there are as little as only three disputes in an adjudication section. This proposal is long overdue. We also propose to amend the Cotton Act to correct erroneous numbering in Section 3(A). There are also proposals to amend the Education Act, Cap.211 to empower the Minister for Education to establish and specify the status of educational training institutions. There are also proposals again to amend the Kenya Tourist Development Corporation Act, Cap.382, so as to enhance the borrowing powers of the corporation. This again is in accordance with where the economy is and the power of the shilling at the moment. Mr. Deputy Speaker, Sir, there are also proposals for the Kenya National Library Services Act, Cap.225 to be amended to specify the qualifications of the Director of the Service. This again is desirable. There are proposals to amend the Traffic Act to empower the Minister to make rules to put in place measures to implement particular sections of that Act. It also proposes to amend the Transport Licensing Act, Cap.404 to provide for staggered expiry of licenses issued under this Act, so that people are able to renew the licenses in a structured manner. Mr. Deputy Speaker, Sir, we also propose amendments to the Constitutional Offices (Remuneration Act), Cap.423 to amend the Constitutional Offices Remuneration Act to facilitate the implementation of the new salary structures for the constitutional office holders. This is, again, overdue at a time when there has been general rise in wages across the public service. It also 3440 PARLIAMENTARY DEBATES August 23, 2007 proposes to amend the State Corporations Act, Cap.446, to exempt corporations with private sector participation from the provisions of this Act. There are also proposals to amend the Insurance Act, Cap.487 to clarify that upon the filing of a claim by an injured person, the insurer shall have a period of 90 days within which to admit or deny liability. This will speed up processing of claims. There are also proposals to amend the East African Development Bank Act, Cap.493(A) to incorporate the amendments to the EADB Charter approved by the governing council of the bank way back in 2005. Mr. Deputy Speaker, Sir, there are also proposals to amend the Trade Marks Act, Cap.506 to harmonise the title of the Registrar of Trade Marks with that obtaining in the Industrial Property Act to empower the Minister to appoint an advocate of the High Court to hear matters relating to intellectual property and to harmonise some of the expressions used in the Act with those now internationally accepted under the Tripes Agreement. Other proposals are to amend the Hire Purchase Act, to raise the threshold of the hire purchase agreements to which the Act may apply. Again, this is necessitated by the strength or lack of the shilling and also to enhance the penalties for the offences under the Act. Mr. Deputy Speaker, Sir, there are proposals to amend the Export Processing Zones Act, Cap.517 to empower the Minister to degazette export processing zones. This, again, is necessary and it must have been an oversight at the time of enacting the Act. There are proposals to amend the Non-Governmental Organisations Co-ordinating Act, Cap.19 of 1990 to enhance NGO accountability by, among other things, adjusting the membership of the co-ordination board, empowering the board to develop and publish a code of conduct for NGOs and empowering the board to prescribe rules for the audit of NGO funds. It is important that as we enhance accountability and governance in public organisations, we do the same in the other sectors, especially the NGO sector which will help their role as watchdogs and generally enhance accountability and issues of governance within the country. There are also proposals to amend the Narcotic Drugs and Psychotropic Substances Act, Act No.4 of 1994 to improve the provisions on the procedures for destruction of substances seized under the Act. This, again, is very necessary. We know of long periods where we have kept seized narcotics and it is not good for the country. Mr. Deputy Speaker, Sir, there are also proposals to amend the Auctioneers Act, Act No.5 of 1996 to recognise the existence of more than just one registered body of auctioneers which may be eligible to nominate members to the auctioneers licensing board. Other proposals are to amend the Kenya Roads Board Act, Act No.7 of 1999 to incorporate the Constituency Development Committee (CDC) into the process of implementing this Act. We know that, currently, funds are already with the Constituencies Development Committees. Therefore, this is a necessary amendment to regularise the situation, and to further define the functions of these Committees and the District Roads Boards Committees. Mr. Deputy Speaker, Sir, there are also proposals to amend the Industrial Properties Act (Act No.3 of 2001), firstly to give due discretion to the Minister to appoint a Chairman of the Board of Directors of the Kenya Industrial Properties Institute (KIPI), to specify further particulars of the qualifications of the Chairman of the Institute, to provide for compensation of a patent holder, whose patent is compulsorily acquired. This now is a controversial Clause, which actually proposes to delete certain parts of Section 80, or almost all of it, and Section 82, which would take away the benefits of generic drugs currently being enjoyed by people suffering from HIV/AIDS. I want to state upfront that at the Committee Stage, we will be moving amendments to delete all these proposed amendments that would be harmful to our country. The Bill also proposes to amend the Second Schedule to the Industrial Properties Act to regularise the status of employees of the Institute in the light of the delayed appointment of the August 23, 2007 PARLIAMENTARY DEBATES 3441 Board of Directors. Any other thing that is proposed for the Schedule that is related to the issue of drugs manufactured under licence will be deleted at the Committee Stage. The Bill also proposes to amend the Copyright Act (Act No.12 of 2001) to empower the Minister to appoint a Chairman of the Copyright Board from amongst the members of the Board. This can be seen as an omission when the Act was passed. Mr. Deputy Speaker, Sir, there are also proposals to amend the Kenya National Commission on Human Rights Act (Act No.9 of 2002) to vest its administration in the Minister responsible for matters relating to human rights, which is an administrative matter in the organisation of Government. Currently, the Minister is described as the Attorney-General, and it is proposed to leave it open to the Minister at any one given time responsible for human rights. There are also proposals to amend the Sexual Offenses Act (Act No.3 of 2006) to clarify the provisions relating to child pornography. It also specifies the Minister for Health as the Minister responsible for determining when victims of sexual offenses may access treatment in public hospitals or institutions. It is also proposed to amend the Licensing Laws (Repeals and Amendments) Act (Act No.20 of 2006) to remove provisions which were duplicated, having already been effected by the Cotton (Amendment) Act (Act No.7 of 2006). Mr. Deputy Speaker, Sir, finally, at the Committee Stage, with the leave of Mr. Speaker, it is proposed that amendments will be introduced to further implement the Cockar Report on the welfare of Members of Parliament. The enactment of this Bill may occasion additional expenditure of public funds, but for which consent has been given. These are proposals which had been fully discussed by the House last year, but due to technical reasons, we could not complete the Committee Stage of this Bill. It is hoped that this year, we shall be able to process and complete the enactment of this Bill for the very many necessary adjustments to existing legislation. Mr. Deputy Speaker, Sir, with those many remarks, I beg to move and call upon the Attorney-General to second the Bill."
}