1 Mar 2017 in National Assembly:
Thank you, Hon. Temporary Deputy Chairlady.
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1 Mar 2017 in National Assembly:
Hon. Temporary Deputy Chairlady, I beg to move: THAT, the Bill be amended in the Schedule- (b) in the items relating to the Copyright Act, 2001 (No 12 of 2001)- (i) by deleting the amendments proposed to section 30(8) and substituting therefor the words “and performance for private purposes shall include the digital content of artistic works”; (ii) by deleting the amendments proposed to section 30A(1); (iii)by inserting the following row in its proper sequence- The amendment, as proposed, is unconstitutional as it seeks to force our artists, especially musicians’ royalties, to be channelled to entities other than those entities ...
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1 Mar 2017 in National Assembly:
For Hon. Kaluma, I know a lot of his time was taken by the amendments to the Children Act. The Leader of the Majority Party was also away. The issue here is deleting amendments proposed to Section 38 and substituting the words, “and performance for private purposes shall include digital content of artistic works”. I have said many of our artists have their artistic work being downloaded and used especially as ringtones on phones. Because the Act did not recognise digital content, therefore, they are forced to have their The electronic version of the Official Hansard Report is for information ...
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1 Mar 2017 in National Assembly:
money channelled through entities that they have not approved themselves. Those are people who are just collecting money on their behalf and not channelling the same money to the artists. A case in point is our vernacular gospel musicians who have suffered because people are collecting royalties on their behalf, but they do not remit that money to them.
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1 Mar 2017 in National Assembly:
Hon. Leader of the Majority Party is interrupting me! The other thing, if I can also speak to the second amendment, is deletion of Section 30A. Many Members will remember that there was a court case in the constitutional court in Malindi, that is Petition No.5 of 2016, and the court proposed that Section 30A of that Act be deleted in its entirety. It is basically on the same argument that the provisions in Section 30A were unconstitutional. Therefore, this is just to align the law with the court ruling. I hope Hon. Kaluma is now happy.
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21 Feb 2017 in National Assembly:
Thank you, Hon. Speaker. I seek your indulgence to speak on behalf of the Chairman of the Committee. I would like to put a few issues straight because we had a very productive retreat sometime last year. The retreat was for members of the Committee and all major stakeholders within the SACCO movement in this country and it was held as a run-up to the enactment of this Bill.
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21 Feb 2017 in National Assembly:
There are a few issues that have been spoken by Members who have contributed before me. A matter that has been of concern to Members, and which I would beg to begin with, is the question of qualifications as stipulated in the New Clause 48A(2)(b). It is important for Members to note something because I eavesdropped on Hon. Gikaria and Hon. Sunjeev Birdi who were asking why we are allowing academic qualifications. I want you to read the wording in the Bill carefully. It talks of academic or other qualifications, or experience of the person, having regard to the nature ...
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21 Feb 2017 in National Assembly:
This Bill recognises that, indeed, we may not have people in our villages with all the academic qualifications, but they may have other qualifications; be it in management, corporate skills of bringing people together or even personal experience. Therefore, it does not, in any way, stop anyone on the basis of academic qualifications. I thought it was important to say that because I have heard concerns raised by a number of Members. As a Member of the Committee and someone who participated in the pre-publication process of this Bill, it is important to point that out to the Members.
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21 Feb 2017 in National Assembly:
I also wish to clarify an issue that Hon. Maanzo has brought up. It is the question of what a deposit-taking SACCO is. He says that any SACCO is a SACCO. That is true. All SACCOs are SACCOs, but what this Bill seeks to do, unlike what Hon. Maanzo would want Kenyans in this House to believe, is to bring out that unique distinction of those who take deposits for the purpose of taking them to the bank. That is what deposit-taking is. That is very different from holding shares within a SACCO. It is very different from you having ...
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21 Feb 2017 in National Assembly:
which you will borrow against. Deposit-taking, in the real meaning in the banking sector, is where you go and deposit your money that is withdrawable. People in the matatu business and those in the retail markets are forming SACCOs. Every other Tom, Dick and Harry in this country will form a SACCO and collect deposits that are not regulated from Kenyans. There is every reason why Central Bank of Kenya (CBK) regulates banks. It is because banks are taking deposits from members of the public.
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