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{
    "id": 575927,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/575927/?format=api",
    "text_counter": 65,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "Hon. Deputy Speaker, I want to thank my good friend Hon. (Dr.) Naomi Shaban, for donating five minutes to me. The Insolvency Bill is important but, even as we discuss it, I notice that in its preliminary provisions under Clause 1(3), it says that the commencement of this Bill - as per Part II of Clause 2 - shall be as by notice in the gazette by the Minister. Then it says that notwithstanding Sub-section (ii), any provision that has not been brought to force within nine months--- Considering the importance of this Bill, when we reach the Committee Stage, we should amend that so that it becomes effective, at least, within six months. Most importantly, in the objects and application of this Bill as provided for under Clause 3, we must specify what action should be taken on crooks that make companies go under through unethical conduct and manipulations. Many companies have gone under through the practices of the managers who are put in charge of those companies. Those kinds of unethical acts constitute criminal acts. This Bill should clearly make a provision for actions that will be taken against those people. Lastly, even as we talk about insolvency, recently we concluded discussions on the Companies Bill. In our contributions, we said that the Companies Bill should aim to empower as many Kenyans as possible to go into productive business. However, even as we encourage many Kenyans to go into productive business, we have to highlight the actions of the Government against companies that have taken a lot of effort from Kenyans to put up. I have in mind, for example, what Keroche Industries is going through right now. I want to declare that I do not take alcohol. I do not even have shares in companies that make alcohol. But that gracious lady has put a lot of effort in bringing up that company. Honestly, if we go the way we are going, some of the actions by the Government like the Excise Duty business and the taxation regime that does not recognise the efforts that have gone in, will not be productive. Would the Government not inadvertently be contributing to viable companies that have taken a lot of Kenyans to build to be insolvent? The Government should approach some of these issues with a humane heart, so that we can encourage as many Kenyans as possible to do business. Insolvency is not the ultimate aim of forming a company. It is the unfortunate event of a company that was meant to serve people and be productive being unable to increase its production. This should be the last resort. The last things we want to see are reckless Government actions that lead to enterprises that have taken Kenyans years to build become insolvent merely because the Government does not wish to give those Kenyans a chance. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}