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{
    "id": 965338,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/965338/?format=api",
    "text_counter": 259,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "“There shall be payable to the Board by every producer a dairy regulatory levy a rate of 0.2 per cent of ex-factory price per kilogram of marketed processed milk and milk products. (2) Despite subsection (1), a county government may, pursuant to Article Section 209 (3)(c) of the Constitution, impose a cess payable to county governments on any milk or milk products produced within the county.” Our Committee proposes that this Section be deleted. The argument is that the provision allows the Kenya Dairy Board (KDB) to charge a regulatory levy on milk and milk products. The Committee noted that the charge on levies on agricultural products is a mandate of county governments, and only counties should be allowed to charge such levies. The Committee, therefore, proposes that only the proposed new subsection 23(4)(2) be retained. Consequently, the words ‘despite subsection’ appearing at the beginning of the Section should be deleted. In other words, the county government, based on Section 209 of the Act, should levy such amounts on milk and not the KDB. This is because this will be double taxation on the farmers, who are already struggling. I totally I agree with our Committee. I do not know how this escaped the National Assembly because every person who cares about farmers must protect them. Mr. Deputy Speaker, Sir, Section 33 deals with punishment of a person who recklessly supplies milk which is materially false. That person will be guilty of an offence and will have to pay a fine of Kshs1 million from Kshs2,000 – that was those days – or to imprisonment for a term not exceeding one year or both. Our Committee proposes that we do away with “Kshs1 million or imprisonment for a term not exceeding one year or both” and replace it with Kshs5,000. I totally disagree with this, because this Section deals with what we were talking about. The punishment should be high for a person who sells milk falsely and lies to Kenyans. Why should we fine people Kshs5,000 for selling milk that has dirty water? Mr. Deputy Speaker, Sir, I propose that the Committee enhances the punishment from Kshs1 million to 5 million, so that it becomes difficult for those who are guilty to pay. They should be locked up if they are unable to raise the fine. This Section must remain as it is for now, so that it is enhanced further in the future. That way, we will deal with cartels that are selling Kenyans bad products in the name of good milk. Mr. Deputy Speaker, Sir, the Chairperson of the Committee on Justice, Legal Affairs and Human Rights is somewhere in Milimani Courts, having been charged for incitement on a matter that happened four months ago. It took the Director of Criminal Investigation (DCI) four months to approve his charges. It is coincidental that as a result of serious criticism of those who preside over the Ministry Interior and Coordination of National Government, our Chairman is not around. I, therefore, hope that Members of the Committee---"
}