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{
    "id": 935809,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/935809/?format=api",
    "text_counter": 574,
    "type": "speech",
    "speaker_name": "Roysambu, JP",
    "speaker_title": "Hon. Isaac Ndirangu",
    "speaker": {
        "id": 2701,
        "legal_name": "Isaac Waihenya Ndirangu",
        "slug": "isaac-waihenya-ndirangu"
    },
    "content": "the ones we have mentioned, the small SMEs who are often taken advantage of in the business relationships that are not based on recorded agreement. In addition, this clause provides for penalties for breach of buyer power provisions. Most important is Clause 6 which amends Section 31 of the Act by introducing sub- section (c) which requires the extension. It gives power to extend the authoritative investigatory powers with respect to abuse of buyer power. Currently, Section 31 of the Act does not expressly include buyer power. It is open to interpretation in a manner that precludes the Authority from enforcing its mandate on abuse of buyer power. Such an interpretation would negate the very purpose of the provisions of buyer power, hence, the need for an express provision. Among companies and organisations that are bound by this Act, of which these guides are to be made obligatory, are professional associations. It includes lawyers, valuers, barristers, bankers and many others. In short, this Bill will protect Kenyans who have, for a long time, been taken advantage of by the companies and organisations which have dominant power and monopoly. Even in the communication industry where we have the leading lights like Airtel, Safaricom and Liquid Telkom, consumers will get relief from this law because it will take care of them. While Section 29 of the Act creates an obligation, it does not provide for the consequences for failure to comply. Towards solving this problem, Clause 5 of the Bill seeks to add New Clause 29, introducing a penalty for failure to submit professional rules that fall under Section 29 and an undertaking to abide by the decision of the Authority on the application. The proposed amendments will address challenges of non-compliance that the Authority has previously grappled with. It is expected that, that inclusion of a penalty for breach will enhance adherence. On consumer protection, the CA is empowered by the proposed Section 70(a)(i)(ii) of the Act to initiate investigations, either on its own motion or upon receipt of a complaint from consumers. The proposed amendment in Clause 7 of the Bill amends Section 70(a)(i) and (ii) of the Competition Act to remove the anomaly indicated above by substituting “consumer complaint” with “any conduct or proposed conduct which is alleged to constitute an infringement on this Act.” So, the Authority will not only wait for complains. It will proactively investigate those huge companies and institutions that are known to abuse buyer power. With those few remarks, I beg to second."
}