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"speaker_name": "Hon. Mbiuki",
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"legal_name": "Japhet M. Kareke Mbiuki",
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"content": "Hon. Deputy Speaker, I beg to move that the House adopts the Report of the Departmental Committee on Agriculture, Livestock and Cooperatives on its consideration of the East African Community Protocol on Sanitary and Phytosanitary (SPS) Measures, laid on the Table of the House on Wednesday, 22nd June 2016, and, pursuant to Section 8 of the Treaty Making and Ratification Act, 2012, approves the ratification of the East African Community Protocol on Sanitary and Phytosanitary (SPS) Measures. The East African Community Protocol on Sanitary and Phytosanitary (SPS) Measures was committed to the Departmental Committee on Agriculture, Livestock and Cooperatives on 1st March 2016 in accordance with Section 8 of the Treaty Making and Ratification Act, 2012 for consideration and report to this House. Once ratified, the Protocol shall become part of our Kenyan laws as provided for in Article 2(6) of the Constitution, which provides that:- “Any treaty or convention ratified by Kenya shall form part of the laws of Kenya under this Constitution.” The EAC SPS Protocol was assented to by the five Heads of State of the EAC partner states, the Summit, in 2012 and was expected to be ratified by June 2014. However, this was not achieved by some member States, including Kenya. Therefore, a new deadline was set for 30th June 2016. Uganda and Rwanda have already ratified and deposited the Protocol with the EAC Secretariat as per the existing ratification procedure in Articles 16 and 17 of the Treaty. However, Kenya, Burundi and Tanzania are yet to finalise the ratification and depositing of the Protocol instruments to the EAC Secretariat. Article 108 of the EAC Treaty provides for cooperation in control of plants and animal diseases. Article 38 of the Protocol on the Establishment of the EAC Customs Union requires partner states to take cognisance of cooperation in SPS Measures in order to facilitate trade within the Community and other trading partners. The SPS matters are governed by the agreement on the application of the SPS measures of the World Trade Organisation (WTO) agreements that are responsible for setting the basic rules for food safety and animal and plant health standards within the WTO members. The WTO SPS agreement has set out basic rights and obligations for members, which include the following:- (a) To protect themselves from the risk posed by the entry of pests and diseases while minimising any negative effects on SPS Measures and trade; and 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."
}