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    "id": 774369,
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    "content": "followed and accepted in a particular manner and somebody can claim accountability in future. This part also provides for the establishment of warehouse registry to be managed by the Council. We must have a specific registry in place to help the warehouse run properly. Again, this part provides for the establishment of warehouse registry to be managed by the Council. It also designates the CEO of the Council as the registrar, whose role is to register any transaction with respect to warehouse receipt issued under the Act. All these provisions assist in keeping the records so that people can claim what is rightfully owed to them in case of any problem. Mr. Speaker, Sir, Part V outlines the manner in which a warehouse operator should undertake functions with respect to the warehouse receipt system. This provision is also important for us to put in place certain structures to enable accountability. In particular, it requires an operator to deliver goods to the depositor of goods upon presentation of a receipt and prohibits the wrongful release of goods to a person who is not a holder of receipts. This also provides for accountability because there will be a record to show that someone deposited goods and he or she is the rightful owner to claim them. There is also a provision in this part which provides attachment in case of garnishee, so that goods are taken care of. Mr. Deputy Speaker, Sir, Part V also addresses the commercial or transaction concerns of negotiation and transfers of receipts as a negotiable instrument. If we do not have this kind of a system in place, then you cannot negotiate. This part also allows for the transfer of ownership of agricultural commodities in the warehouse without having to deliver the physical agricultural commodity. So, clearly, this is some kind of collateral instrument that we are providing for. Again, the receipt can be used as a negotiable instrument for one to get a loan. So, I believe that this will empower our farmers who have been facing many challenges without warehouses, especially the small scale farmers in our country. Mr. Deputy Speaker, Sir, Part IV contains the penal and miscellaneous provisions of the Bill. This part sets out offences with respect to warehouse receipts, including the issuance of fraudulent receipts, receipts with fraudulent information or unlawfully issuing duplicate receipts. If we do not provide for this, it means we have not taken care of the interests of farmers. This part also imposes a fine not exceeding Kshs1 million or imprisonment for a term of five years or both. There is also a provision for a general penalty of Kshs100,000 or imprisonment for a term not exceeding six months for other offences under this Act. Clearly, these are provisions found in various legislations in this country. Part VIII of the Bill provides for the making of regulations by the Cabinet Secretary (CS).This will enable operationalisation of the Bill in consultation with the Council. So, this is clearly a very straight forward piece of legislation. At the end of the day, if it is passed, we will have a legal framework where we can have a fallback plan to enable implementation of this particular legislation. I believe that with this legal framework, we can assist our farmers to have better production and better grains which they can rely on in future to improve their personal The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}