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"id": 482438,
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"type": "speech",
"speaker_name": "Hon. Kang’ata",
"speaker_title": "",
"speaker": {
"id": 1826,
"legal_name": "Irungu Kang'ata",
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"content": "and Enterprise, the power to exclude a company from the realm of the whole issue of being checked by the Competition Authority. Therefore, I am of the view that, that is a very dangerous clause. You are empowering the Authority to come up with whims and reasons to exempt a company. The best objective manner to ensure there is no misuse of power, either by the CS or the by the Authority, is to do two things:- (i) To provide that the Authority, before excluding any category or decisions or practices from application of that law, reasons must be stated in that proposed gazette notice - very clear, scientific and objective reasons. Otherwise, you are going to leave room open for corruption where, if you are a dominant player in a sector, you can go and give something to KCS or even to the Authority, and then you are, therefore, exempted from the application of this part. The best thing is that you provide for reasons. (ii) You can then bring those proposed amendments or proposed exemptions to the relevant Committee of Parliament. Then that Committee can, therefore, analyze and see whether the reasons are fair and to the benefit of the society. Thank you."
}