Florence Kajuju

All parliamentary appearances

Entries 561 to 570 of 768.

• 29 Apr 2014 in National Assembly: The proposal in Clause 4(2) to have a representative of the East African Law Society as secretary to the Council will defeat the law of fair play. It is important for the Council to competitively recruit its secretary from among the partner states. The proposed composition of the council under Clause 4 excludes the important role played in legal training. To achieve the objective of harmonization of legal training and certification as is provided in Clause 3(b), there is need for inclusion of a representative of legal education from each partner state. view
• 29 Apr 2014 in National Assembly: It would also be important for partner states to ensure gender representation when making nominations to the council. The envisaged council in the Bill will be a unit of the East African Community. Therefore, it should be funded from the East African Community’s Budget as opposed to fees charged on issuance of a practicing certificate. It will be important if the council is allowed to raise funds through any other means to support performance of its functions. view
• 29 Apr 2014 in National Assembly: Hon. Speaker, regional practising certificates should be issued by the national bar associations, which will retain fees charged for that service, as has been the practice. view
• 29 Apr 2014 in National Assembly: The Committee considered the East African Community Co-operative Societies Bill, 2014, clause by clause and deduced the following. Under the Constitution of Kenya 2010, the principal legislation, or statute, governing the SACCCO societies is the Co- operative Societies Act (CSA), Cap.490, which is administered the Commissioner of Co- operative Societies. However, the Fourth Schedule of the Constitution classifies co- operative societies as a devolved function of the county governments. This means that registration of co-operative societies shall be devolved to the county governments. This will give power to county governments to enact their own county legislation to govern registration and ... view
• 29 Apr 2014 in National Assembly: Hon. Speaker, the Bill ought to recognize the fact that there may be more than one appropriate authority in Kenya as defined in Clause 7 and as read with Clause 2 thereof. With the excepion of international best practice in co-operatives, there is a possibility that various co-operative society legislations, which may cropped up from the county governments to govern societies, may marginally differ. This may only be addressed through a national policy and legislation prescribing the minimum content of such county legislation. view
• 29 Apr 2014 in National Assembly: Hon. Speaker, in relation to the co-operative societies, the Co-operative Societies Act governs the legislation and administration of all types of co-operatives societies. The SACCO Societies Act, 2008, as principal legislation providing for the licensing, supervision and regulation of deposit taking institutions would, therefore supersede the Co-operative Societies Act in case of conflict. The the Co-operative societies Act continues to apply to SACCOs since the SACCO Societies Act, 2008 is silent in this respect. view
• 29 Apr 2014 in National Assembly: The Bill should clearly recognize these special type of co-operative societies, namely SACCOs, especially those engaged in the quasi-banking business, FOSA; there is need to have them regulated by an independent body within the partner states. Clause 54 of the Bill makes it superior to the partner states legislation, which is well within the spirit of the East African Community Treaty. 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. view
• 29 Apr 2014 in National Assembly: However, the Bill should take cognizance of the fact that the licensing, supervision, and the regulation of SACCOs as deposit taking institutions is not covered in the Bill. Thus domestic laws such as SACCO Societies Act ought to take precedence when it comes to prudential regulations of SACCOs. On membership of co-operatives societies in Kenya includes SACCOs as normally defined by SACCOs by-laws and not statutes as proposed by Clause 5 (2). This definition in the by-law was done through the common board principle, but which has since been abandoned by many SACCOs with the adoption of the open board ... view
• 29 Apr 2014 in National Assembly: instance. This, therefore, should be retained with the appropriate reforms thereto. Since Clause 54 makes the Bill superior to the domestic laws, the it is likely to oust the powers of the tribunal as a court of first instance in respect of co-operative societies matters. The Bill should equally provide for resolution of disputes arising out of cross-border operations of co-operative societies, and the inter-relationships with the domestic tribunals in order to make the dispute resolution forum clear. There is, therefore, need for creation of an East African Community Tribunal to handle what the tribunals in the partner states cannot ... view
• 29 Apr 2014 in National Assembly: that the shares of a member may be used to offset a debt due to the society from such a member. This is erroneous and is likely to lead to de-capitalization of a society in case of default by Members. The current legislation in Kenya is clear that members’ shares are equities for the society and cannot be expended except in liquation. The shares cannot, therefore, be collateral against credit advanced to Members, nor can such equity be used to off-set debts owed. They can only be transferred to other members. The Bill needs to clearly distinguish between shares which ... view