Entry Instance

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

{
    "id": 793164,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/793164/?format=api",
    "text_counter": 1041,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "First of all, Hon. Temporary Deputy Chairman, let us see what the impact of this amendment is. If you ask me, the amendment is seeking to illegalize monopoly in distribution of electricity. So, we should look at it in that context. Is there any other provision to realise that in the Bill? I do not see it. Clause 145 that is talked about says: “A person who wishes to carry out the generation, exportation, importation, transmission, distribution and retail supply of electricity must apply for a license as the case maybe to the Commission in accordance to the provisions of this Act.” It does not say, if you apply and meet conditions, then you get the licence. That is what Hon. Nassir is trying to cure by saying that the Authority shall grant more than one distribution of licences, provided it has received more than one application and the applicants have met the conditions under Section 149. The conditions under Clause 149 are spelt out clearly. I think Hon. Nassir is right to a larger extent. We are giving the Authority powers to license, but with discretion. Even where those who have applied for the licence have met the conditions as set out in law; it is not guarantee that you would be given a licence. There is one island in Lake Victoria where they have been having power all this time, all over sudden they were switched off just because someone refused to license them. This matter needs to be looked at very critically and with open mind. If we have set out in law under Article 149, then we require someone to receive a licence and that is why is it difficult for Hon. Nassir to recommend that the Authority grants licences, without any discretion. These Kenyans have already met the condition that is, Mr. “X” and Mr. “Y”, then you give the Authority the powers to grant it to Mr. “X” without any explanation and not grant it to Mr. “Y”. That to me is giving the Authority too much power. We need to condition the Authority. Once someone has applied and has met all the conditions, that person needs to get it. I was listening to Hon. Kimunya very attentively. Clause 147 says: “An application for a licence under Section 145 including an application for amendment, transfer or renewal, shall be made to the Commission in the form and manner prescribed by regulations under this Act.” It tells you that you shall make that application to the Authority. Two, the Commission may, through a fair, open and competitive process, in accordance to the procedures prescribed by the Cabinet Secretary and by regulations invite applications. It is just talking about possibility of allowing applications. Three, before making any application, it shall give 15 days’ notice. I do not see how it is curing this. Four, every notice shall state that any person or body making any representation…I do not see. The Commission shall within 15 days after the receipt of the application inform the applicant in writing whether the application is complete. That is just informing you, they may decide to reject your licence even after."
}