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"type": "speech",
"speaker_name": "Vihiga, ANC",
"speaker_title": "Hon. Ernest Kivai",
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"legal_name": "Ernest Ogesi Kivai",
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"content": " Thank you, Hon. Temporary Deputy Speaker, for giving me the opportunity to support this Bill with a few reservations. I do not want to repeat what my colleagues have said about the benefits of this Bill. It is a good Bill. I have read it and it is a well thought out Bill. It is detailed and has tackled most of the issues that arose. However, I have a few reservations about this Bill. I intend to approach the responsible committee to see if we can have amendments to the Bill. For example, when you read Part III of the Bill on the proposed Clause 9(2)(d) of the Bill, it is on the establishment of an accreditation committee. It gives the details of how that committee will be set up. Of importance is that the Bill says that the committee members will be appointed by the CEO. When you go to Clause 11(2) that deals with the Appeals Committee, it is proposing that the members of the committee will also be appointed by the same CEO. There is conflict of interest here if it is the same person who will appoint members to the two committees. I will discuss this with the responsible committee to see whether we can correct it. The other area that I find interesting - and I must admit I am not a lawyer - is in Clause 7(2) on discharging a member of the board. Clause 7(2)(d) says that a member shall be discharged if the member is convicted of an offence and is sentenced to a term of imprisonment for a period of at least six months without an option of a fine. If I may underline the last four words, does it matter whether this person has been fined or jailed? To me, that person is a criminal. Whether he is fined or jailed, he should not be a member of this committee. The Bill has three schedules. I urge the committee to consider having more schedules that are specific to business areas like trade or medicine. They need to highlight that. Our county has a history of these problems. We had problems in the trade sector with regard to fertilizer – and my colleagues have indicated all these areas - and health. We should, therefore, have a Fourth Schedule that will clearly commit this organisation to focus on an area that we have had a history of problems. I urge the committee to point this organisation into areas where they must concentrate instead of being general. So, we should have, at least, a Fourth Schedule that will deal with these issues. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}