9 Jul 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker, for this chance to speak on the Companies Bill. I would like to start by telling my very good sister, Hon. Millie Odhiambo, that the case of Salomon versus Salomon & Company Limited was partly the cause of the uplifting of the Companies Bill. Companies used to operate in some form of mystique. It is good that we do away with it in this particular Bill. This Bill is very radical, starting with Part VIII, which creates unlimited liabilities. It then creates various distinctions on what could be companies. I like the particular distinction ...
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9 Jul 2015 in National Assembly:
Hon. Kajwang’ was speaking to the fact that the Cabinet Secretary (CS) now has power to prescribe model articles of association. The model articles of association used to be the big thing in company law business. You paid for things that were already in existence because the model already existed, but this law allows the CS to prescribe those memoranda and articles of association, which will make it easier for purposes of registration of companies. That will save the amount of money that people use to pay for preparation of articles of association. Hon. Temporary Deputy Speaker, the other thing ...
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9 Jul 2015 in National Assembly:
The other clause that is very interesting says that company directors will be allowed to bind the company. That did not exist in the previous regime. Companies could not be bound directly by the directors. Right now, it is not compulsory for companies to have a seal; a seal is required in various circumstances. In the current legislation, Cap. 486, any transaction by any company has to be under the seal of the company. When we say that it is not compulsory for a company to have a seal unless it has specific seals to transact outside Kenya, I think ...
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9 Jul 2015 in National Assembly:
significant because it is possible for members to be taken round in circles by directors. Each member will know what their various rights are, and duties that come with membership in a company. I think that is an interesting provision. The other thing is the ability of the natural persons; Clause 122 has provisions on directors as natural persons. Ordinarily---
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9 Jul 2015 in National Assembly:
Thank you very much, Hon. Temporary Deputy Speaker. I would like to support this particular Adjournment Motion. I would like to start by first thanking you for shelving the debate on Motion No.12 because as you may appreciate, Article 25 and 26 of the Constitution make international treaties part of the Kenyan law. One of the tendencies in this House is that half the Chairs of Committees rush these treaties towards the tail end of the discussion and Members do not apply their legal mind to them. These things become law so if you rush them through without Members--- You ...
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9 Jul 2015 in National Assembly:
Kenya is secure. Many Kenyans’ lives have been lost. It looks like we are no longer in charge of the Mandera and Garissa regions. The Kenyan space looks like it is being narrowed by AlShabaab . The Committee on Defence and Foreign Relations and the Committee on Administration and National Security must do whatever it takes to protect lives of Kenyans because people come to the Government to protect life and property. Hon. Temporary Deputy Speaker, as I support this Adjournment Motion, I would like to thank all Members of Parliament for all the good times we have had. I ...
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2 Jul 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairlady. I would like to request the Chairperson of the Committee to relook at this amendment for two reasons. The first thing is that they are proposing to have public participation before the review. In my understanding, first, if you look at the words they were substituting earlier on they were “public consultation.” So, they have not attempted to define what public participation is. Secondly the words “public participation” are fairly very contentious. We do not know what public participation means because there is no single law that has defined what public participation is. Therefore, ...
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2 Jul 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairlady. I thought you said that if we have a contrary opinion to what the Chairperson is saying then we should press the intervention button. I was just trying to be a good student. I would like to request the Chairlady to consider the amendment she is proposing in Clause 83 (a). The amendment says many things. The Committee is proposing that you can only have a licence issued by the Regulatory Board upon submission of an application and such supporting documents to the Board. However, Clause 84 stipulates how that particular licence is granted ...
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2 Jul 2015 in National Assembly:
I do not want to debate. Thank you very much, Hon. Temporary Deputy Chairlady. I agree with you in terms of all those things you have said. I would like you to listen to the import of what I am saying. I am not looking at any powers or conditions. What you are trying to do in Clause 83 (1), if you look at it properly, is that you are giving the Regulatory Board the authority, on its own volition, to decide what documents are required. Therefore, you are giving it discretionary power. What you have said is true. Clause ...
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2 Jul 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairlady. I would like to request the Chair of the Committee to help me understand the difference between the new Clause 8B and Clause 62 that we have already passed. In my understanding, it is almost “cut and paste” phraseology from the Clause 62 that we have passed. 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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