23 Apr 2019 in National Assembly:
9. Noting the Committee’s Conclusions and Observations on pages 120 -126,
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23 Apr 2019 in National Assembly:
relating to IDEMIA regarding its engagements in Kenya, the House further
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23 Apr 2019 in National Assembly:
recommends: (a) THAT, the Directorate of Criminal Investigations and the Director of Public Prosecutions undertakes investigations and institutes appropriate criminal action under Section 974(3) of the Companies Act against M/S. IDEMIA in its current name and in its former names of M/S. Morpho, OT Morpho, SAFRAN Identity & Security, its officers and local representatives for having purported to do business with the IEBC before being registered as a foreign company by the Registrar of Companies and noncompliance with the mandatory provisions of Sections 974(1) as read together with Sections 975 and 979 of the Companies Act, No. 17 of 2015; ...
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23 Apr 2019 in National Assembly:
Hon. Speaker and honourable colleagues, naturally, under Standing Orders, committee recommendations draw from committee observations and committee observations draw from committee findings. Those committee findings derive from committee proceedings arising from the oral hearings, evidence or testimonies placed before the committee. In the last Parliament, we transacted business. That is the Parliament under which the current Companies Act was moved.
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23 Apr 2019 in National Assembly:
Hon. Speaker, the consultations are a bit loud and distractive. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor.
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23 Apr 2019 in National Assembly:
Thank you, Hon. Speaker. The amendments I am proposing to this particular Motion on the report by PAC are being drawn from the observations and the findings of the Committee itself. We sat in this Parliament. I am happy my brother, Hon. Ochieng’, is now with us in the House. But it is in the 11th Parliament when we enacted the Companies Act now in operation. At Section 974 of the Companies Act, we provided that no foreign company shall do business in Kenya until and unless it is registered with the Registrar of Companies and its name entered in ...
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23 Apr 2019 in National Assembly:
The PAC sat on this matter. I want to thank them for very good findings, taking evidence from everybody and very good observations. If you look at pages 120 through to 126 of the PAC Report, they are dealing with the company called IDEMIA Limited. It is this IDEMIA Limited with previously was called SAFRAN Securities & Identities Limited. Before that, it was OT Morpho. Before that, it was Morpho. It is the transactions relating to procurement of technology which was being investigated. At page 126, the Committee, having listened to the foreign directors of IDEMIA, confirmed that by the ...
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23 Apr 2019 in National Assembly:
In terms of the very first recommendation to the Report, I am deleting the first recommendation. All I am doing, honourable Members, is to redraw the recommendations to make them sharper. Members will note that I am not departing much from their recommendation. But we cannot be recommending to the House to do legislation. That is why I am saying straight away this House ought to review and determine whether it is right and it should remain or to repeal section 11(a) of the IEBC Act. Section 11(a) is a provision which has been misinterpreted to undermine the proper operations ...
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23 Apr 2019 in National Assembly:
Two, we do not want a case where you will disappear because you are a foreign company. That is why we prescribed in those provisions of the Companies Act that, always, there will be a local representative we can pick if you were to disappear as a director or shareholder of a foreign company. I humbly move the amendments. I beg my learned senior outside the House, Hon. (Dr.) Otiende Amollo to second my amendments. I thank you.
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3 Apr 2019 in National Assembly:
On a point of order, Hon. Deputy Speaker.
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