6 Jul 2021 in National Assembly:
Hon. Chairman, I beg to move: THAT, Clause 23 of the Bill be amended in sub-clause (1) by deleting the words “for each financial year” and substituting therefor the words “at least three months before the commencement of each financial year”. The justification is to allow adequate time for the Cabinet Secretary to factor in the financial requirements of the Service into the national budget.
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6 Jul 2021 in National Assembly:
Hon. Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 25 and substituting therefor the following new clause ─ Accounts and Audit. 25. (1) The Kenya National Library Service shall cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities of the Kenya National Library Service. (2) Within the period of three months after the end of each financial year, the Kenya National Library Service shall submit to the Auditor-General, the accounts of the Kenya National Library Service in respect of that year together with — (a) a statement ...
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6 Jul 2021 in National Assembly:
The reason is that there is need to provide how the accounts of the Board shall be prepared, audited and reported. This is in accordance with the provisions of the Public Audit Act, 2015.
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6 Jul 2021 in National Assembly:
Yes, Hon. Chairman. I beg to move: THAT, the Bill be amended by deleting Clause 34. The reason is that the provision is unconstitutional as it purports to limit the right of a person to commence legal proceedings against the Service. Article 22 of the Constitution guarantees the right of every person to institute court proceedings. The procedure for instituting court proceeding is provided for in the Civil Procedure Act Cap 2(1) and other relevant legislations. Thus, there is need to delete the same.
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6 Jul 2021 in National Assembly:
Hon. Chairman, you know we sometimes rely on the legal minds of the Committee. Since we are getting more information in the House, the Committee is not limited.
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6 Jul 2021 in National Assembly:
Hon. Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 38. Hon. Chairman, this has been catered for under the new Part IVA of Clause 38. Clause 38 has not been drafted in conformity with Article 94(6) of the Constitution and Standing Order No.118, which provides that Regulations must specify the limits of the authority, the nature and scope of the law which may be made, and the principles of the standards applicable to a law made under this authority. The provisions on delegated legislation should also form their own standalone part of the Bill as ...
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6 Jul 2021 in National Assembly:
Hon. Chairman, I beg to move: THAT, Clause 40 of the Bill be amended – (a) by deleting sub-clause (5); 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.
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6 Jul 2021 in National Assembly:
(b) by deleting sub-clause (6); and, (c) by deleting sub-clause (7). The justification is that sub-clause 3 has already transited all employees to the Service. However, sub-clause 5 purports that the employees should sign new contracts although sub-clause 6 provides that the terms of the contract should not be disadvantageous to the employees. The employer still has a stronger bargaining position. Again, sub-clause 7 further provides that anyone who does not enter into the contract shall be deemed to have resigned without a right to severance pay, which does not favour the employee. Lastly, the terms of employment and termination ...
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6 Jul 2021 in National Assembly:
Hon. Chairman, I beg to move: THAT, the Bill be amended by inserting the following new clause immediately after Clause 19– Liability for damages. 19A. The provisions of section 19 shall not relieve the Kenya National Library Service of the liability to pay compensation or damages to any person for any injury to him or her, his or her property or any of his or her interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially, of any works.
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6 Jul 2021 in National Assembly:
Thank you, Hon. Chairman. I beg to move that the new clause be read a Second Time. This new clause provides for compensation in case a person suffers injury caused by the Service.
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