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{
    "id": 578509,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/578509/?format=api",
    "text_counter": 446,
    "type": "speech",
    "speaker_name": "Hon. Oyugi",
    "speaker_title": "",
    "speaker": {
        "id": 444,
        "legal_name": "Augostinho Neto Oyugi",
        "slug": "augostinho-neto-oyugi"
    },
    "content": "disseminating research findings in the fields covered by the relevant laws. However, if the purpose of the Service is to incorporate and register companies and their management, I do not understand what level of research we will be engaging in. Whereas it is good to talk about research, I do not understand how that component fits within the general provisions of what the Service is going to do. Another interesting provision is Clause 5(f) which speaks to four other members being part of the Board. It is very dangerous to have this provision because the only qualification of the four persons to be incorporated is that they should have knowledge and proven experience in matters relating to this Act. That is a dangerous provision because it does not create any qualification. So, if I have done business or company management or I am in business, then I can say I qualify for appointment as a member of the Board. Whereas there is a caveat in terms of what four co-opted members can do, it is dangerous that they cannot vote. However, they might as well be the ones creating the tenor on which the Board is to vote. That is a dangerous provision. If you want to have four other persons incorporated in the Board, they ought to have specific qualifications. The organizations from which they come also need to be specified. The other thing is the manner in which the appointment of the chairperson of the Board is anticipated. That appointment ought to be distinct and one that is fairly thought through. It should not be made through an omnibus process in the manner that is suggested in the Bill. The other thing that raises a lot of questions is the provision of Clause 9(3) of this Bill. It speaks to the Board co-opting any person to attend any meetings, but that person shall not vote at such a meeting. There ought to be reasons why persons ought to be co-opted. You cannot just leave it open that the Board would be co-opting people. There ought to be some rationale for purposes for which the Board might co-opt persons. There might be specific needs. In fact, it says co-opted people should not vote. However, like I said before, what if the people who have been co-opted are the ones who have set the tenor on how the Board votes? That is fairly very risky. Clause 14 is one such other clause that raises issues. It says that the Board may, on the advice of the Registrar-General, engage the services of experts and consultants in respect of any of the functions of the Service. Consultancy is not the core business of the Business Registration Service. To have an express provision like this is fairly to create jobs for people who are not expressly covered within the Bill. You want to constantly have experts co-opted and advising the Service on many other things. That is fairly very dangerous. Clause 17 speaks about the CS appointing the Registrar-General on the recommendation of the Board and on the terms and conditions specified in the instrument of appointment. The Leader of the Majority Party has said that the Registrar-General will be appointed in accordance with the Constitution. You can clearly see from the provisions of this Bill that, that is not the truth. There ought to be specifications of what needs to be contained in the instrument of appointment. We should not have an omnibus provision that a Registrar-General will be appointed, especially if the Registrar-General is going to be a powerful office like is anticipated by this Bill. The specific qualifications ought to be contained in the instrument of appointment. Clause 18(2) says that the Board, through an open, transparent and competitive process, will appoint a suitably qualified person to the position of Registrar-General. I would like to see this provision also saying that the Board shall take into consideration such factors as marginalization, gender and regional representation. The aspirations of Article 10 of the Constitution also ought to be taken into consideration. The Board should not only conduct the 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."
}