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{
    "id": 935813,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/935813/?format=api",
    "text_counter": 578,
    "type": "speech",
    "speaker_name": "Kilifi North, ODM",
    "speaker_title": "Hon. Owen Baya",
    "speaker": {
        "id": 13373,
        "legal_name": "Owen Yaa Baya",
        "slug": "owen-yaa-baya"
    },
    "content": "We cannot do that. That is not the remedy for the problems we have when banks go under or Nakumatt goes under. Nakumatt went under with billions of people because somebody did not do his job. Nakumatt should have been told it should be a listed public company when it got to a certain amount of investment, instead of allowing it to be in the hands of only one family. That is what led to the collapse of Nakumatt. Yes, it went down with people’s investments and money. Suppliers and small scale suppliers have suffered. In my constituency, there are many hotels that come up and set shop. Italians come in and set shop with big hotels. People supply tomatoes and other commodities, but they are never paid. Then, they close shop and run away with peoples’ money. Yes, that happens. However, is the solution to give absolute power to the CA? They can, on their own accord and volition, just wake up one day and go and investigate a company and all that. What we are creating in the Kenyan culture is a place to eat. We are giving those officers and many people just an opportunity to come and say: “You have not paid this guy for this! You have not paid this guy for this!” Therefore, it will open up all kinds of doors for people to come in and want to take away even the small investment we have. I do not think this is a good law for this country. I do not think we should cede the powers of other organisations. If it is a lawyer, there is the Law Society of Kenya (LSK). They should go there and lodge complaints. If there are many professional associations in this country, whose job is it to check on the practices of the people or organisations which fall within the purview, let the professional associations in this country do that. It is not okay for us to, today, say that we want to put a law on abuse of bargain power. Do you know what that means? If I have a small shop and I have taken something on credit from a farmer, the Competition Authority will come and say: “You have not paid that person.” Probably, I have an agreement. This idea of giving the Competition Authority absolute power to investigate anything under the sun cannot happen and will not be a remedy. While there are good intentions in this law, I am compelled by the circumstances under which the law is being passed to say I oppose it. It is not a good law. We shall bring amendments to ensure that we protect business people. We cannot just expose business people to all types of authorities. There are too many authorities and bodies looking after only one person - the business person. We cannot do that. There is the Counterfeit Authority of Kenya. There is KEBS. They are looking at the same person. Now, we want to give the same absolute powers to the Competition Authority. I think this Parliament needs to consolidate those bodies. There are too many bodies looking at the same person and eating from the same person and collapsing businesses. That is why there is no money. There are too many organisations stifling the business environment in this country. I am afraid but I have to oppose this Bill. Thank you."
}