Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 595338,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/595338/?format=api",
    "text_counter": 340,
    "type": "speech",
    "speaker_name": "Hon. Kamau",
    "speaker_title": "",
    "speaker": {
        "id": 35,
        "legal_name": "Jamleck Irungu Kamau",
        "slug": "jamleck-kamau"
    },
    "content": "Thank you, Hon. Deputy Speaker. I appreciate. Clause 45(1) leaves the CS with the decision on the maximum duration of an agreement. There were proposals that the maximum should be 20 years. Again, they argued that the Bill should set out the maximum duration for the petroleum agreements to avoid risks of collusion with cronies or business partners to grant them near perpetual petroleum agreements on advantageous terms. That is an area that we will have to look into seriously. We met the Ministry and it concurred with quite a number of these proposals from the stakeholders, specifically the ones that relate to penalties. It is a common practice when you are talking about penalties that you do not set a minimum ceiling. This Bill talks about minimums and not maximums. For example, Clause 10(6) says that anybody who obstructs or hinders the CS or makes false or misleading statements will be liable and will be charged not less than Kshs10 million. The words “not less” mean it can be more. It can even be Kshs100 million. That is actually not a good provision. The CS agreed that we should revise that and make it say “not exceeding” the figures indicated. On that, we will come with relevant amendments so that we can deal with it. The final issue touches on the sharing. When the Government enters into agreements with contractors, there is the sharing agreement on the ratio that the Government agrees with. This is done at the beginning of the agreement. That is the reason why we are insisting that Members should relook at that seriously. We think it is going to be a good idea. We do not want to have a situation where the Government enters into an agreement with contractors where the sharing ratios are so low as not to benefit this country and then they do not bring it here. We will see them at the FDP stage and there is nothing that this House will be able to do. That is the reason why we will propose those amendments when the Committee of whole House comes in, so that we can amend it and ensure that we, as the National Assembly and the Senate, because this Bill concerns both Houses, will have recourse even in determining the ratios that will benefit this Government. Thank you, Hon. Deputy Speaker."
}