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"id": 232868,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/232868/?format=api",
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"speaker_name": "Mr. Kimunya",
"speaker_title": "The Minister for Finance",
"speaker": {
"id": 174,
"legal_name": "Amos Muhinga Kimunya",
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"content": "The other body that we need to clearly define is the examination body. We have, again, for example, the accountants, ICPAK, the Kenya Accountants and Secretaries National Examination Board, which has a certain level of independence to ensure that those who have qualified do not lock out their brothers and sisters who are pursuing studies because they may increase competition within the market. We need to insulate the ones who are not members yet, and we have seen examples of that in some of the bodies I would not mention on the Floor of this House where the people who qualified before have deliberately been excluding the new entrants through frustrating examinations and ensuring that they do not get the necessary paper work to compete with them. I would like to see that this new body that we are creating does not have that discrimination embodied within the law. We also need to define properly the registration body. This is because people are examined, get registered and they become eligible to become members of the umbrella body. If we do not define the functions properly, then we could end up with hurdles being placed either at the examination stage or at the registration or de-registration points and membership. The last bit which is very critical is the whole issue of disciplinary system that would be established by this Bill. I know the Bill has said that a committee will be appointed. But disciplining people has implications beyond the committee decision that so and so should be de- registered. It has an indelible mark on the careers of individuals. We need to make sure that we can capture within this Bill the provision of protecting an innocent person who faces a very hostile disciplinary committee. I think we have seen this happening in institutions in the past including some political parties, where, because of mere disagreements or competition, they take you through a disciplinary mechanism and you are removed and your career is messed up. This is something that we should capture properly within this Bill. I know that between ourselves and the Departmental Committee, we will come up with a formulation that is best for this country. Mr. Temporary Deputy Speaker, Sir, the four bodies I have mentioned; the umbrella 3986 PARLIAMENTARY DEBATES November 28, 2006 organisation, the examination body, the registration body and the disciplinary body are all intertwined and placed under the purview of one organisation, which poses a risk in terms of the protection of people who do not agree with those who are within that body. But I am sure that we are going to work out something that will best sort out the issue. Mr. Temporary Deputy Speaker, Sir, this Bill also needs to make clear the extent of the coverage in terms of private sector practitioners, how to deal with the transitional arrangements for those people who are currently practising as supplies practitioners or quasi-supplies practitioners. There is already an institute registered under the Societies Act, and we do not want a situation where, by passage of this Bill, we automatically grant them one status above all the others who are not members and we start a conflict. I believe we have had our own issue as accountants since 1978 with the passing of the Accountants Act. There were people who were practising, and some of them were told because they could not sit the examinations, could they be allowed to become authorised accountants. You would have expected that it was only a group that was going to transit, but these days you even see their children saying they are authorised accountants because they inherited their fathers' practices, and dodge the need to go through the professional examination route. I think it is important that we capture this thing here. I am just highlighting, because it may be coming as part of the amendments. We also need to clearly define and identify the extent of public funds that will be invested in the bodies that are created by this Bill. In Clause 25, it says, \"The funds of the Institute shall comprise such monies as may be appropriated by Parliament for purposes of the Institute.\" However, we need to identify why Parliament should actually vote money for this purpose. We also need to ask ourselves what amount of money will be contributed by the private sector and what amount of money will be channelled to other institutions and so on. I think it is important that we do not raise expectations that upon passage of this Bill, there will be money coming in to start all these bodies that have been mentioned in this Bill. The Law Society of Kenya, the body governing accountants and that one governing valuers do not receive grants from the public coffers. That is something that we need to be clear about. We also need to ask ourselves whether we are setting up an extension of the Government. As somebody said, we have a lot of intertwining in the Government and we should assure ourselves that we are setting up an independent body of professionals whether in the private or public sector. I hope hon. Members will contribute more to that issue. Mr. Temporary Deputy Speaker, Sir, we believe that we shall harmonise the amendments between the Treasury and the relevant Departmental Committee. I am aware that discussions have been going on between our officers at Treasury and the relevant Departmental Committee. I hope we shall finish our discussions shortly so that we can have this body up and running. I would also like to mention the fact that the Public Procurement and Disposal Act was passed by this House. The Act requires that there be some regulations in place. There is a Question that has been put before the House and we shall be responding to it in detail. Mr. Temporary Deputy Speaker, Sir, however, I would like to assure the House that the regulations will be set sooner than later. The delay in setting up the regulations has been occasioned by the need to consult widely. We want to ensure that what we come up with is not something that will be challenged in courts."
}