{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=147739","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=147737","results":[{"id":1495572,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495572/?format=json","text_counter":456,"type":"speech","speaker_name":"Aldai, UDA","speaker_title":"Hon. Marianne Kitany","speaker":null,"content":" Thank you, Hon. Temporary Speaker. As I stand to support, allow me to state right from the outset, that these amendments to the Cooperatives Bill could not have come at a better time. I say so because the last time this Bill was ever amended was in 2004, which is about 20 years ago. It was way before the 2010 Constitution was promulgated. We know that cooperatives is a devolved function. Therefore, there was a requirement that the Bill be amended to conform with the 2010 Constitution. History will not let us down in knowing what has happened to cooperatives in the past. Key examples are the old Kenya Planters Cooperative Union (KPCU). The birth of the new KPCU was as a result of the mismanagement of the former KPCU. Another good example is the Kenya Cooperative Creameries (KCC). At some point, farmers almost lost their incomes and revenues because of the collapsed KCC. The birth of the New KCC is, again, as a result of mismanagement at the cooperative level. Some of the other notable cooperatives that have had issues are the farmers’ cooperatives, more specifically, in the milk, sugar, and coffee sectors. I can give you many examples. The Government will put up about Ksh7 billion to finance cooperatives in the coffee sector because of mismanagement in previous cooperatives. The sugar sector has not been left behind. The Government will put up about Ksh2 billion or Ksh1.7 billion because of mismanagement in cooperatives. This is because there were flaws or issues in the Cooperatives Act, which directors or managers of the cooperatives took advantage of and misused the cooperatives that they had been entrusted with. The Bill was First Read in April 2024 and committed to the Departmental Committee on Trade, Industry and Cooperatives, pursuant to Standing Order 127. An advertisement was placed in the media for public participation, which was done in eight counties representing the eight regions in our country. It was done in Siaya, Vihiga, Kericho, Mombasa, Machakos, Isiolo and Kirinyaga. We also had submissions from various stakeholders, including the Ministry, the Council of Governors, who had a great interest in this Bill, and many other stakeholders and cooperators. Many cooperators came in to give their views on the Bill. Many of the proposed amendments to this Bill will go a long way in helping farmers and Kenyans who are cooperators. Some of the amendments are on the transfer of shares, especially when the principal has died. What has been happening is that those shares are transferred to the Agriculture and Food Authority (AFA). The beneficiaries try to follow up on them, but they are unable to get them. The amendments will show how the transfer of shares can happen from the principal to the beneficiaries in case of death, or in case a member wants to exit a cooperative. Some issues that have come up are that some chairpersons and board members of cooperatives have become permanent members who live there year in, year out. They have"},{"id":1495573,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495573/?format=json","text_counter":457,"type":"speech","speaker_name":"Aldai, UDA","speaker_title":"Hon. Marianne Kitany","speaker":null,"content":"The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."},{"id":1495574,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495574/?format=json","text_counter":458,"type":"speech","speaker_name":"Aldai, UDA","speaker_title":"Hon. Marianne Kitany","speaker":null,"content":"become one and the same with the cooperatives. The amendments will restrict a board member to serving for not more than three years. That will allow vibrancy on those boards. The other issue is that of auditors. Many times, the board members collude with the auditors to siphon members’ money. We have also stipulated that auditors cannot audit those cooperatives forever. In terms of dividends, we find instances where cooperatives borrow money from banks to pay dividends because they have already misused members’ money. We have stipulated that any dividends to be paid out will not come out of the borrowings from a bank. Members will have to give the rights to the board to borrow money for specific reasons. Therefore, that will help us to avoid situations where cooperatives go to banks to borrow money to pay dividends and leave the cooperators with debts. In terms of the dissolution of cooperatives, we found that after many cooperators have borrowed money and left the cooperatives in great debt, they dissolve the cooperatives without the members knowing. The dissolution of cooperatives has also been dealt with at great length, so that we can have a proper way of dissolving cooperatives. There are many other issues like settlement of disputes, rights of members and an inspection of these cooperatives to ensure that they adhere to their terms and ways of doing things. First, I would like to thank the Departmental Committee on Trade, Industry and Cooperatives because as you have heard, this Bill is very voluminous with a total of about 168 clauses. This Bill took us many days and nights and we had to stay until the wee hours of the morning trying to go clause by clause of this Bill. The Members of the Departmental Committee on Trade, Industry and Cooperatives were very committed and supportive to this Bill. The actual assent of this Bill will see a new Kenya and a new way of doing things, especially for the cooperators whose money have always been lost because of mismanagement and people who try and create cooperatives for the sake of swindling unsuspecting Kenyans who join cooperatives not knowing that the real reason why those cooperatives were created was just for the purposes of swindling money from individuals. Therefore, I would like Members to support this Bill because it will give a new dawn and light to cooperators who are spread across this country. For example, tea farmers in my constituency have formed a factory and their money is running that particular factory. Once assented to, this Bill will help the farmers to know that their money, which is now running a tea factory, is run above board and their hard-earned cash will be secured. Other sectors that are going to benefit are not only in the agricultural sector, but all sectors, including the matatu industry, which has cooperatives which will benefit from this new Cooperative Bill and new order that we are putting into it, including sectors like livestock. I know you have mentioned about camels. I think that would be a sector as well. All sectors basically, because if we look at how farmers or Kenyans are saving their earnings nowadays, they do so through cooperatives because they believe in teamwork and putting resources together. These resources need to be secured. This Bill is sponsored by the Government, and it could not have come at a better time when the Government needs to secure and make Kenyans who are cooperators secure with their hard-earned savings and incomes that they get. Thank you. I support."},{"id":1495575,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495575/?format=json","text_counter":459,"type":"speech","speaker_name":"Hon. Farah Maalim","speaker_title":"The Temporary Speaker","speaker":{"id":16,"legal_name":"Farah Maalim Mohamed","slug":"farah-maalim"},"content":" Hon. Wilberforce Oundo."},{"id":1495576,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495576/?format=json","text_counter":460,"type":"speech","speaker_name":"Funyula, ODM","speaker_title":"Hon. (Dr) Ojiambo Oundo","speaker":null,"content":" Thank you, Hon. Temporary Speaker. Let me also go on record, I am a Member of the Departmental Committee on Trade, Industry and Cooperatives and I have had the pleasure to process the Bill up to where it is today."},{"id":1495577,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495577/?format=json","text_counter":461,"type":"speech","speaker_name":"Funyula, ODM","speaker_title":"Hon. (Dr) Ojiambo Oundo","speaker":null,"content":"The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."},{"id":1495578,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495578/?format=json","text_counter":462,"type":"speech","speaker_name":"Funyula, ODM","speaker_title":"Hon. (Dr) Ojiambo Oundo","speaker":null,"content":"We are here today to stand in support of the Cooperatives Bill (National Assembly Bill No.7 of 2024). It is important for us to understand that the cooperative movement in this country is as old as this country and the process that leads to this particular Bill, started in the 12th Parliament. I must laud the former Principal Secretary, Ali Noor Ismail, for having mooted this idea, thought about it and indeed, walked through the journey. We started by passing the National Cooperatives Policy that laid the framework for review of the 1997 Act that was amended in 2014. This now gives you the importance of starting from the very bottom in the legislative making process whereby you start with the policy. The policy will identify policy and legislative gaps that we have to address as we are doing here today. We passed and inaugurated the new Constitution in 2010. Therefore, the old Act had to be renewed, amended or revised to meet emerging issues. With new technology in the market and the ever-expanding scope of the co-operative movement, it became necessary that we truly amend the Act."},{"id":1495579,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495579/?format=json","text_counter":463,"type":"speech","speaker_name":"Funyula, ODM","speaker_title":"Hon. (Dr) Ojiambo Oundo","speaker":null,"content":"I want to tell my colleagues who are here, those who are not here, and Members generally, that the co-operative movement is extremely important. It is built on three or four pillars. One is voluntary membership. Democratic processes is the other. Probably, equality in decision-making is the third. Of course, many of us here have mobilised resources for personal development and to resolve emergencies through the co-operative movement. Therefore, it is important that we continuously strengthen the governance structure of the co-operative movement. For the record and the public, so that we draw this distinction very clearly, a SACCO, whether a deposit taking one or whatever SACCO, is primarily a co-operative society. It has to start as a co-operative society. That is why this Act says that we need to review and align whenever there is any conflict between this primary Act and the SACCO Societies Regulatory Authority (SASRA) Act. We need to make it very clear and tell members that they are first or primarily co-operators before they become SACCO members. My colleagues have got through. I do not want to focus on clause by clause because I have interacted with that area and we have made amendments. I do not want to focus on that. Let me just focus on the outcome of public participation. That is why I felt a little let down when the Supreme Court declared that public participation is not mandatory. The Supreme Court declared that we can disregard whatever the people say during public participation. I felt very let down. Since it is the Supreme Court, and I respect the arms of the Government, I have to swallow the bitter pill. In the fullness of time and before it is too late, I hope we will pass the Public Participation Bill to set the framework on how to receive and process public comments. Luckily enough, we made sure there is public participation while preparing this Bill."},{"id":1495580,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495580/?format=json","text_counter":464,"type":"speech","speaker_name":"Hon. Farah Maalim","speaker_title":"The Temporary Speaker","speaker":{"id":16,"legal_name":"Farah Maalim Mohamed","slug":"farah-maalim"},"content":" Order, Hon. Oundo. What is your point of order, Hon. Kipchumba?"},{"id":1495581,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495581/?format=json","text_counter":465,"type":"speech","speaker_name":"Marakwet West, Independent","speaker_title":"Hon. Timothy Kipchumba","speaker":null,"content":" Hon. Oundo has made a remark that must be expunged from the record of the House. This is to the effect that the Supreme Court stated there is no need to conduct public participation. Could he cite the specific case in which the Supreme Court of the Republic of Kenya made a determination that there is no need for public participation? That dangerous statement must not go into the record of the House."}]}