29 Aug 2018 in National Assembly:
Thank you, Hon. Speaker. As I begin, I want to appreciate Hon. Kimani Ichung’wah. He had a white scarf also. Unfortunately, the Leader of the Majority Party removed it from his head which is a little unfair. I know he supports women because he has three girls. What I do not know is whether they are three daughters or three girlfriends. Let us continue.
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29 Aug 2018 in National Assembly:
Hon. Speaker, can I continue? Please, help me.
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29 Aug 2018 in National Assembly:
The Excise Duty Act, Section 10, provides that the Commissioner General shall by notice in the Gazette specify the rate of excise duty every two years to take into consideration the account of inflation and in accordance with the formulae that is specified in Part I of the First Schedule. In this case, the Commissioner General in exercise of that power published the Excise Duty Act adjustment rates inflation schedule 2018. These regulations were published on the 13th July 2018. This was tabled before the House on 23rd July 2018. It was immediately committed to the Committee on Delegated Legislation. ...
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29 Aug 2018 in National Assembly:
Secondly, the increase or decrease must be published in the Kenya Gazette ; it was done in this case. It was through regulations such as those we have before us today. Thirdly, he cannot impose excise on goods or services that are not excisable. Four, immediately the CS has published this; he must table it before the National Assembly within seven days of publication. I can confirm that he was within that period. The section further provides that the National Assembly should pass the resolution of variation within 21 days from the date on which the House next sits after ...
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29 Aug 2018 in National Assembly:
Thank you, Hon. Speaker. This is the basis upon which we are annulling these regulations. The law does not allow the CS to pick and choose. If he has to vary the excise duty on the goods, he must do it for both schedules; not just one. He was completely in contravention of the law. Therefore, in considering the regulations, we as a Committee had a meeting with the National Treasury who were led by the Chief Administrative Secretary (CAS) of the National Treasury. These issues were raised before them and they understood very well after that meeting. Therefore, they ...
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29 Aug 2018 in National Assembly:
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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29 Aug 2018 in National Assembly:
I wanted you to hear the reasons.
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29 Aug 2018 in National Assembly:
The other challenge that the committee had with these Regulations is that Legal Notice No. 164, 2018 is supposed to actualise the adjustment of the specific rate of Excise Duty, using that formula. However, the formula that was used is in fact not published.
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29 Aug 2018 in National Assembly:
Finally, it was a recommendation for the committee that having considered the Constitution, the Excise Duty Act, the Statutory Instruments, the Interpretation and the General Provisions Act, the Committee finds that these Regulations can only be annulled in its entirety for those reasons and that the Ministry is at liberty to have them republished again and be brought before the House. For the record, there is an issue that was raised by one of our Members. The Member for Endebess is worried that the committee always annuls legislations. I will confirm to him for the record, that the committee from ...
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29 Aug 2018 in National Assembly:
I beg to move and request Hon. Shamalla a Member of the Committee to second the Report. Thank you.
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