6 Aug 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. I beg to move:- THAT, the Bill be amended in Clause 95 by inserting the words “or imprisonment for a term not exceeding two years, or to both” in Sub-Clause (5). We are seeking to introduce a penalty, which includes imprisonment and to state the number of years for imprisonment if one fails to pay the fine. We do not want people to fail to keep registers because they will be engaged in other business where we do not know the shareholders and directors. So, we will be dealing with companies which are operating ...
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6 Aug 2015 in National Assembly:
Hon. Temporary Deputy Speaker, I beg to move that The County Governments (Amendment) (No.2) (Senate Bill No.2 of 2014) be now read a Second Time. In the first instance, this Bill originates from the Senate and it concerns counties. As you know, all matters that concern counties must either go to the Senate or originate from the Senate. If it originates from the National Assembly, it must end up in the Senate. The Senate can equally originate a Bill that concerns counties or is not a money Bill. This is not a money Bill in accordance with Article 114 of ...
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6 Aug 2015 in National Assembly:
I am corrected that they are called “female”, but they are also called “women”. I do not need this assistance from Hon. Kajuju. The word “woman” is still contained in the Bible and Quran as a correct terminology that is rightly used. For instance, my county assembly has only three elected MCAs and 15 nominated MCAs. All the three got positions as vice-chairpersons of the various committees because the assembly was dominated by men. So, they were given those positions like sweets. In terms of numbers, they were not there, but when the nominated MCAs joined them after about three ...
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6 Aug 2015 in National Assembly:
I thank you, Hon. Temporary Deputy Chairman. This sub-clause deals with criminal elements. We are dealing with a crime and not a civil matter. We should not confuse the two. The sub-clause talks about conviction, which means the offence is criminal and not civil. A civil matter is where you are sued but there is no fine. So, when you only prescribe a fine and exclude imprisonment, you are not giving the courts discretion. It is not a must that the courts imprison you. The courts can decide that, depending on the gravity of the offence, you pay the Kshs500,000 ...
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6 Aug 2015 in National Assembly:
We are seeking to cure that mischief by ensuring that the first sitting of the county assembly after a general election shall not happen unless the nominated MCAs have been gazetted and will be present at the county assembly, so that they can participate in the election process of the various chairpersons of committees in those assemblies. That is the import of this Bill. The Departmental Committee on Justice and Legal Affairs considered this Bill and we thought that it is very appropriate. Being gender sensitive, as a Committee, we are sponsoring a gender Bill to ensure that more women ...
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6 Aug 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. I get surprised when Members agree with the fine and then lose the entire clause.
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6 Aug 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 96 of the Bill be amended— (a) in sub-clause (1) by inserting the word “public” immediately before the word “company”; and (b) in sub-clause (2) by inserting the word “public” immediately before the word “company” wherever it occurs. We are seeking to insert the missing word which is a requirement for a public company. It is not for a private company.
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6 Aug 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. I beg to move:- THAT, Clause 97 of the Bill be amended— (a) in sub-clause (1)— (i) by inserting the words “or decline it by giving sufficient reasons in writing” at the end of paragraph (a); (ii) in paragraph (b) by deleting the words “for an order under subsection (3); 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 Aug 2015 in National Assembly:
(b) in sub-clause (2) by deleting the words “at the hearing of an application for an order under subsection (3)” and (c) by deleting sub-clauses (3), (4), (5) and (6). This will allow companies to decline request for information by giving sufficient information and remove references to established court procedures so that you do not need to go to court to seek for the reasons. We are obligating the companies to give reasons in writing so that if you wish to know why certain actions were taken, you will find those reasons already included in the register kept by the ...
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6 Aug 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 119 of the Bill be amended in sub-clause (3)(b) by deleting the phrase “Insolvency Act, 2015” and substituting therefor the phrase “laws relating to insolvency”. 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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