17 Oct 2013 in National Assembly:
Hon. Temporary Deputy Chairlady, I am sorry. I thought I would go to part 2 of the amendment after we have finished with the first part.
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17 Oct 2013 in National Assembly:
In the second part, I am asking that we insert the paragraphs, as contained in the amendment. All I am asking is that in the process of recruiting a Chief Executive for the regulatory Authority, we should ensure that we comply with Chapter Six of the Constitution, in terms of the integrity of the holder of such an office. The second bit touches on the qualifications of the holder of that office. It suggests that one should have all the relevant qualifications to hold such an important office. Of course, there is the question of being a member of a ...
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17 Oct 2013 in National Assembly:
Hon. Temporary Deputy Chairlady, I may not be in the know about when the term ends. All I sought to do was to, at least, ensure that there is continuity in this office. That is why I had opted to give the remainder of the term or two years at least if the term is of five years; you never know. I would concur with the Chairman of the Committee that even deleting the period of two years is still fair. This is because it will still serve the intended purpose of having a transition period. I support the further ...
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17 Oct 2013 in National Assembly:
Hon. Temporary Deputy Chair, I beg to move:- THAT, the following new Clause 6A be inserted immediately after Clause 6 of the Bill-
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17 Oct 2013 in National Assembly:
6A. Section 56 of the Principal Act is amended - 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.
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17 Oct 2013 in National Assembly:
(i) in subsection (4) by deleting all the words after the words ‘the Companies Act’; (ii) by deleting subsection (5) (iii) by deleting subsection (7) and substituting therefor the following subsection- (7) an auditor who fails to comply with any requirement under this section shall be guilty of an offence and liable to a fine not exceeding two hundred thousand shillings.
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17 Oct 2013 in National Assembly:
The reason for moving this amendment is very simple; it is that Section 56 of the Insurance Act, Cap.487, says that:- “For the purpose of this section, every insurer shall appoint annually an auditor qualified under Section 161 of the Companies Act and approved by the Commissioner”. All I am seeking to do with the first bit by deleting all the words after “the Companies Act” is to remove the question of auditors being approved by the Commissioner of Insurance. This is principally because in the past the provision has been misused by the office of the Commissioner of Insurance ...
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17 Oct 2013 in National Assembly:
superhighway for corruption. All you need to do is have a cartel of certain audit firms conspiring with officers at the Regulatory Authority and all business will end up going to them. I propose that we have the new subsection (7) that an auditor who fails to comply with any requirement under this section shall be guilty of an offence and liable to a fine not exceeding Kshs200,000. That would be adequate punishment for any auditor who fails to comply with the requirements of the Act.
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17 Oct 2013 in National Assembly:
Hon. Temporary Deputy Chairlady, I am in agreement. All we want to do is to make sure that we are not again preventing the office of the Regulator from being able to enforce regulations that relate to the audit of insurance companies. Since Section 67(2) of this Act has other provisions that punish auditors who may contravene any of the provisions of the Act in the course of their work as auditors, I am agreeable. I had only been conservative with a figure of Kshs200,000, but even Kshs1 million for an auditor who is working for an insurance company is ...
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17 Oct 2013 in National Assembly:
Hon. Temporary Deputy Chairlady, I think the hon. Member’s observation is good but, indeed, as I pointed out under Section 67(2) of the principal Act, there are offences that have been stipulated there, and there is actually a jail term in addition to the penalty. So, the penalty will be in addition to the jail term.
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