Aden Bare Duale

All parliamentary appearances

Entries 6111 to 6120 of 17810.

• 5 Jul 2018 in National Assembly: Thank you, Hon. Speaker. The first fundamental question that I need to answer is whether we have a law called the Provisional Collection of Taxes and Duties as an Act of Parliament. The answer is in Chapter 415 that exists in our law. That is why Cap 415 says: view
• 5 Jul 2018 in National Assembly: “An Act of Parliament to give statutory effect for limited periods to orders of the Minister imposing any new tax or duty or rate of tax or duty, or creating any new allowance, or altering or removing any existing tax or duty, or any such rate or allowance”. view
• 5 Jul 2018 in National Assembly: That law exists. Hon. T.J. Kajwang’ should have looked for a way to amend that law. If he listens to me and picks the Constitution, that law has been safeguarded in the Sixth Schedule of the Constitution. If you have the Constitution, you just need to go to the existing obligations laws and rights, No.7, which states thus: “(1) All law in force immediately before the effective date continues in force and shall be construed with the alterations, adaptations, qualifications and exceptions necessary to bring it into conformity with this Constitution.” The electronic version of the Official Hansard Report is ... view
• 5 Jul 2018 in National Assembly: So, Hon. T.J. Kajwang’ should first have brought an amendment to that section in which the CS is drawing his power from. Section 2 of the Provisional Collection of Taxes and Duties Act, Cap 415 reads: view
• 5 Jul 2018 in National Assembly: “If a Bill is published in the Gazette whereby, if such Bill were passed into law, any tax or duty, or any rate, allowance or administrative or general provision in respect thereof, would be imposed, created, altered or removed, the Minister may, subject to this Act and notwithstanding the provisions of any other written law relating to taxes and duties, make an order that all or any specified provisions of the Bill relating to taxes or duties shall have effect as if the Bill were passed into law”. view
• 5 Jul 2018 in National Assembly: Hon. Speaker, the gist of the matter is that when the CS came to read the budget highlights and more so the tax raising measures, using this law, he said that before the 90 days which Parliament is given lapse - the National Assembly is given 90 days to pass the Finance Bill - the CS will use this provision in law to collect taxes subject to Parliament. If Parliament decides to do the Finance Bill in two weeks following public participation, it is well and good. He is saying so because this is part of his financing measures in ... view
• 5 Jul 2018 in National Assembly: In Section 2 of the Provisional Collection of Taxes and Duties Act, Cap 415, the emphasis is on the fact that it shall have effect as if the Bill was passed into law. This is the Finance Bill. Those of us who were in the 10th Parliament will understand. Unfortunately, Hon. T.J. Kajwang’ was not there, but Hon. Amos Kimunya and myself were there. Hon. Sankok was still in college, but the Leader of the Minority Party was in the House. The Committee of Ways and Means was there until the 10th Parliament. It was only in the 11th Parliament ... view
• 5 Jul 2018 in National Assembly: Hon. Speaker, what is the rationale behind the Committee of Ways and Means? I want Hon. T.J. Kajwang’ to listen. This Committee gives an opportunity to the House to discuss the Budget Speech. Secondly, it presents the House with an opportunity to approve the provisional collection of taxes and duties awaiting the passage of the Finance Bill. The CS has the powers, but this House is the budget-making legislative Chamber. The CS just needs our concurrence. view
• 5 Jul 2018 in National Assembly: So, he is getting the powers form the Constitution and from an Act of Parliament. Hon. Speaker, may I draw your attention to the terminology, “Committee of Ways and Means”. Is it like a Committee of the House as provided in the Standing Orders? Is it a terminology that is used in the Chamber? Hon. Speaker, I do not think the Committee of Ways and Means can be equated to a departmental committee. We should not go that route. I can remember during that period the publication of the Finance Bill and the Order was done by the then Minister ... view
• 5 Jul 2018 in National Assembly: I think the law is very clear that unless this House amends the Act of Parliament Cap 415, that gives the Minister the power, this Motion is in order. So, the CS does not have the powers and the House can agree with him. In fact, what he is asking for in this Motion and the Statutory Instruments Act is also provided for in the Finance Bill. So, the House is only giving him a window within the 90 days period that the House is seized of this matter. That is the reason why the Finance Bill has been given ... view