17 Oct 2018 in Senate:
On a point of order, Mr. Deputy Speaker, Sir. I thank the Member of the Committee for laying this important Report. Standing Orders allow us to make a few comments.
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17 Oct 2018 in Senate:
Please, can I get the sympathy of the Deputy Speaker?
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17 Oct 2018 in Senate:
Mr. Deputy Speaker, Sir, that is where I was going.
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17 Oct 2018 in Senate:
Mr. Deputy Speaker, Sir, this is an important Report that deals with such an emotive issue that is ongoing. The Report is about the fight against counterfeit and contraband goods, having been presented by importers and traders from Nairobi, through their Senator, Sen. Sakaja. Before I say anything about the Report, I think we need to relook at the Standing Orders. I am saying this for the Rules and Procedures Committee, so that when such a report is presented, a Motion is prepared to debate it. I will comment on this Report because I had just five minutes to look ...
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17 Oct 2018 in Senate:
Mr. Deputy Speaker, Sir, it is a good example because that is your area of expertise. The question that I am asking myself is---
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17 Oct 2018 in Senate:
Mr. Deputy Speaker, Sir, if someone says that a book out there with a topic related to international law as applied in Africa, human rights, matters of democratization as written by Prof. Kithure Kindiki, he is likely to be believed. I meant that international law, human Rights and Democracy are your areas of expertise. You have excelled and even taught in Sao Paulo, Hungary and other parts of the world. I know you taught my colleague somewhere in Central European University in Eastern Europe. I, therefore, know your expertise in that area. I just want to---
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17 Oct 2018 in Senate:
Mr. Deputy Speaker, Sir, the point I am trying to make is that there is a problem when it comes to fighting counterfeit, especially if that fight is done outside the precincts of the law. The Committee that is currently dealing with destruction of goods, headed by my friend, Mr. Wanyama Musiambo, has no capacity or expertise to deal with counterfeit. The Anti-Counterfeit Act, 2008 understood that the complexity of intellectual property requires that an entity is created with an expertise to deal with counterfeit goods. That is why the Anti-counterfeit Agency was created.
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17 Oct 2018 in Senate:
I can see my former student, the new Senator for Migori County, is nodding because he got an A in my class on this subject matter of trade and investment. He was a very sharp man.
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17 Oct 2018 in Senate:
Thank you, Mr. Deputy Speaker, Sir. The issue of Trade and Competition Law and questions of intellectual property, preservation and protection are so complex that it would be painful to see that small traders in this country are being punished in the name of protecting intellectual property of companies that are not even caring to do any enforcement. Nobody has complained. We are picking goods from people and destroying businesses, and the people who are suffering are the hawkers in Nairobi and many other parts of this country. I request the His Excellency the President to halt the work of ...
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17 Oct 2018 in Senate:
Today this morning, hon. Members from the Mt. Kenya region held a press conference where they complained that goods of many traders from that region are held at the Port of Mombasa. They also argued that there is violation of intellectual property rights. We ask ourselves who the complainant is. These goods are being imported from abroad. Are there local manufactures under the Kenya Association of Manufacturers (KAM) who are complaining that their goods are being manufactured elsewhere and being brought in? Which goods are we talking about?
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