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{
    "id": 482079,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/482079/?format=api",
    "text_counter": 217,
    "type": "speech",
    "speaker_name": "Hon. Gaichuhie",
    "speaker_title": "",
    "speaker": {
        "id": 17,
        "legal_name": "Nelson Ributhi Gaichuhie",
        "slug": "nelson-gaichuhie"
    },
    "content": "Amendments to Section 54 seeks to include income from natural resources into tax-fold by including its requirement on keeping records of receipts and expenses to be produced when required by the Commissioner. Section 54 is a notification that will go a long way in enhancing transparency and tax compliance. The second Schedule is also proposed to be amended, that is paragraph 7(3). The measure is meant to respond to the planned oil pipeline infrastructure development. As I said earlier, we will repeal Schedule Nine of the Mining Act and include the Extractive Industry Act. The same schedule replaces the one that we have repealed. Section 21 is about the use of Intellectual Property Rights which shall be restricted by fair, reasonable and non-discriminatory use and not for legal protection. That is the essence of the amendment. The amendment to Section 23 of the Competition Act is on criteria for determining dominant positions by providing more consideration as holding 40 to 50 market shares. But we have market power of less than 40 per cent of the market share. This broadens the scope of determining market dominance. The proposed amendment to the Competition Act, 2014 seeks to make it mandatory for a professional body to write to the Competition Authority seeking a waiver of the body’s restrictive professional rules. Currently, seeking the waiver or exemption is optional. But this one is now making it a must, not optional. The proposal to amend Section 30 is a notification of exemption to include a provision that the authority, having consulted the Cabinet Secretary may exclude any category of decision, practices or agreements of undertaking from the application of the restrictive trade practices. Amendment to Section 40 of the Competition Act, 2014 or appeal to the tribunal by approving that any appeals shall be lodged within 30 days on receipt of a decision. This makes it easier for people to file their appeals in good time. Initially, it was within a very short time. It proposes to amend Section 89 of the Competition Act, 2010 under failure to comply with the Authority’s order by providing for a leniency programme while undertaking volunteers’ information and cooperates in the investigation so as not to bear the full imposable penalty. This is to ask that we have a leniency programme within the Competition Authority where people can take information that was not there before. The proposed amendment of the National Social Security Fund, as I said earlier, is just to keep it in line with the Retirement Benefits Act. This is a Bill to make the tax laws that we have currently to be in line with the proposed amendments and the budget that we read in the current financial year. With those few remarks, I beg to move and ask hon. Mary Emase to second."
}