26 Aug 2011 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT Clause 14 of the Bill be amended by inserting the following new Subclause after Subclauses (3)- “(4) Notwithstanding the provisions of this section and of this Act, a candidate nominated for election to the position of President or Deputy President may be nominated for election to one other elective position under this Act”.
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26 Aug 2011 in National Assembly:
The reason for this, just to explain a bit to the House, is that many hon. Members of this House and, maybe, many other people outside, may wish to contest for the post of President or Deputy President and, at the same time, they may wish to defend their Parliamentary seats, Senate seats or whatever other seats. I think we need to open this law to give a clear provision for that.
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26 Aug 2011 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I beg to move:-
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26 Aug 2011 in National Assembly:
THAT, Clause 4 of the Bill be further amended- (a) in sub-clause (2) by inserting the following new paragraphs immediately after paragraph (g)-
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26 Aug 2011 in National Assembly:
(h) the Cabinet Secretary takes into account the equity between the County Governments so as to ensure fairness: and (i) the proposal to guarantee has been approved by Parliament. (b) in sub clause (3) by inserting a new paragraph immediately after paragraph (b) as follows- (c) geared towards stimulating economic growth in the County Governments that are economically challenged.
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26 Aug 2011 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, if you look at the amendment, sub-clause (h) is a new one. Here, we are saying the Cabinet Secretary should take into account equity and not parity between the county governments so as to ensure there is fairness when they are guaranteeing these loans.” That is very clear. I do not think it should be a problem. So, in terms of him taking into account, I think even hon. Kimunya agrees. I think someone has fixed this sub-clause (i) because it is not supposed to be here. It was in another amendment. So, there is ...
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26 Aug 2011 in National Assembly:
However, if you look at subclause (b), when Parliament is approving the law, first of all, it takes into account public interest and secondly, the borrower’s financial position. So, I am adding subclause (c) there, to say that the third consideration that Parliament should take into effect is if that borrowing will stimulate economic growth in the county governments that are economically challenged. I do not think we should have a problem with that.
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26 Aug 2011 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I think hon. Kimunya is confusing us here. Let us read these things slowly and understand them. Let us carry the House with us. There are two stages in approving this guarantee. Clause 4(1) says:- “The Cabinet Secretary may guarantee the loan of a borrower on behalf of the National Government”
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26 Aug 2011 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, I have no problem with that. Clause 4(2) is where my amendment is. I am saying the Cabinet Secretary shall not guarantee a loan under subclause (1) on behalf of the National Government unless these conditions are met: The loan is a capital project and the borrower is capable of paying, among other conditions given. They comply with these conditions. We are saying at the new paragraph (h), the Cabinet Secretary will take into account the equity between County Governments so as to ensure fairness.
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26 Aug 2011 in National Assembly:
Let us go to your example of the Kshs2 billion we are guaranteeing for the construction of Lamu Port. We are saying in the next guarantee, the Cabinet Secretary should take into account the fact that he has already given Lamu, Kshs2 billion. So, he should go to Nyandarua this time. That is what we are saying. The amendment is saying we cannot have the Cabinet Secretary next time guaranteeing another Kshs1 billion for the same County. It is as simple as that. Do not confuse us!
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