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{
"id": 901143,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/901143/?format=api",
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"type": "speech",
"speaker_name": "Garissa Township, JP",
"speaker_title": "Hon. Aden Duale",
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"id": 15,
"legal_name": "Aden Bare Duale",
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"content": "The Senate Committee on Agriculture, Livestock and Fisheries, through a Report laid on the Table of the House on 14th March, rejected Clause 2 on the definition of the term “holder” “warehouse receipt system” and sections: 11, 17, 21(5), 23, 24, 27, 31, 39. All these are in the Report that I tabled yesterday. The Senate rejected the National Assembly’s amendment to Clauses 2, 3 (3), 3(5), 4, 9, 10, 16, 21(4), 21(8), 30 and 50. The Mediation Committee identified some clauses as being very contentious. On Clause 2, the terms “holder”, ‘warehouse receipt system”, “owner” and “warehouse operator” were particularly singled out, in addition to a number of other clauses in the Bill that originated from the National Assembly. In the process, the fundamental clauses that were from the National Assembly were agreed on by the Senate. We convinced them as they also convinced us on some clauses originating from their side. We have annexed an extract of the mediated version of the Warehouse Receipt System Bill No.10 on the Report that I tabled yesterday. Members can look at that Report. Secondly, under Clause 23 of the mediated version of the Bill, the Mediation Committee agreed to include provision establishing the Warehouse Receipts Dispute Resolution Committee in place of the Warehouse Receipts Appeals Committee, so that the committee can receive and make determinations on complaints that might be registered against those who may want to acquire licences. The appeals committee was very limiting. So, we expanded it. On penalties for various offences, we felt that the offences proposed in the Bill were very punitive. However, under Clause 43 of the mediated version of the Bill, issuance of a fraudulent warehouse receipt will attract imprisonment for a term not exceeding 10 years or a fine not exceeding Kshs10 million. The spirit behind this provision is that warehouses will be keeping goods for farmers and other stakeholders. So, we felt that in case of a fraudulent receipt that leads to loss of goods, the penalty must be very high. We picked this from what is happening in 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."
}