FIRST ASSEMBLY FIFTH SESSION MAKUENI COUNTY ASSEMBLY VOTES AND PROCEEDINGS

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1 REPUBLIC OF KENYA (159) MAKUENI COUNTY ASSEMBLY VOTES AND PROCEEDINGS TUESDAY, 6 TH JUNE, 2017 (2.30 P.M.) 1. The Assembly assembled at thirty minutes past two O clock. 2. The Proceedings were opened with Prayer. 3. PRESIDING: - The Hon. Deputy Speaker. 4. PAPERS: - The following paper was tabled: - Report of the Committee on Agriculture, Livestock and Food Security, on the consideration of the Makueni County Fruit Development and Marketing Authority Bill, (The Chairperson, Committee on Agriculture, Livestock and Food Security) 5. COMMITTEE OF THE WHOLE ASSEMBLY: - In the Chair, Hon. Julius Mwalali; Consideration of the Makueni County Fruit Development and Marketing Authority Bill, 2017, (Makueni County Assembly Bill No. 1 of 2017) Bill interrogated and agreed to in the following order: - CLAUSES 3 AND 4:- THAT, Clauses 3 and 4 be Part of the Bill.

2 CLAUSE 5:- THAT, Clause 5 be Part of the Bill. THAT, Clause 5 be amended as follows; (160) i) Clause 5(c) be amended by inserting the words production through registration of any persons dealing with fruits under this Act immediately after the word monitor ii) By inserting the following paragraphs immediately after paragraph e ; (f) Formulate policies and make rules to regulate the fruit subsector; (g) Coordinate training in all matters relating to the fruit industry; (h) License nursery owners, marketing argents, packers and warehouse men. THAT, Clause 5 as amended be part of the Bill. CLAUSE 6:- THAT, Clause 6 be Part of the Bill. THAT, Clause 6 be amended as follows: i) Clause 6 (1) (a) be amended by inserting the words who shall be competitively immediately after the word chairperson ii) Clause 6(1) (f) be amended by inserting the words and who shall not be employees of the County Government immediately after the word Makueni

3 (161) iii) Clause 6(2) be amended by deleting the entire clause and substituting iv) therefor with the following; A person shall qualify for appointment under sub clause (1) (a) and (b) if the person; (a) Holds a degree from a recognized university; (b) Has at least ten years post qualification experience; (c) Has at least 5 years experience in the relevant field; (d) Meets the requirements of chapter six of the constitution; and (e) Is not a state officer Clause 6(3) be amended by deleting the entire clause and substituting therefor with in appointing the members of the Board under sub clause 1(b) and (f) the county executive committee member shall take into account gender and other diversities of the people. vi) vii) v) Clause 6(4) be amended by inserting the words, but a person so coopted shall not be entitled to vote at any meeting of the Board or counted as a member for purposes of forming a quorum; immediately after the word functions. Clause 6(6) be amended by deleting the entire clause. Clause 6(7) be amended by inserting the following new paragraph immediately after b where a vacancy occurs in the office of a member appointed under sub clause 6(1) the Member shall appointed in the manner provided for in the Act to fill the vacancy. viii) inserting a new sub clause (8) immediately after sub clause (7) to read; All members of the Board appointed under clause 6(1) shall serve for a term of five years and shall be eligible for re-appointment once for a further term of five years. THAT, Clause 6 as amended be part of the Bill.

4 (162) CLAUSE 7:- THAT, Clause 7 be Part of the Bill. CLAUSE 8:- THAT, Clause 8 be Part of the Bill. THAT, Clause 8 be amended as follows: i) Clause 8(1) be amended by deleting the words second schedule and substitute therefor with regulations. ii) Clause 8 (2) be amended by deleting the entire the clause. Debate arising; THAT, Clause 8 as amended be part of the Bill. CLAUSES 9 AND 10:- THAT, Clauses 9 and 10 be Part of the Bill. CLAUSE 11:- THAT, Clause 11 be Part of the Bill. THAT, Clause 11 be amended as follows:

5 (163) i) Clause 11(1) be amended by deleting the words, and shall be appointed by the Board of the authority through a competitive recruitment process appearing immediately after the word Authority. ii) Clause 11(2) be amended by deleting the entire clause and substituting therefor with the Managing Director shall be appointed by the Board through an open and competitive recruitment process iii) Clause 11(3) be amended by deleting the entire Sub clause 3 and substituting therefor with:- A person shall be qualified for appointment as the Managing Director if the person- (a) (b) (c) (d) Holds a Degree from a recognized university; Has at least ten years post qualification experience; Has at least five years experience in the relevant field; and Meets the requirements of Chapter Six of the Constitution iv) Clause 11(4) be amended by deleting the word but appearing in the second line between the words Board and shall and substituting with the word and. v) Clause 11(5) (a) be amended by inserting the words be the Chief Executive Officer of the Authority and immediately before the word subject. THAT, Clause 11 as amended be part of the Bill. CLAUSES 12, 13 AND 14:- THAT, Clauses 12, 13 and 14 be Part of the Bill.

6 (164) CLAUSE 15:- THAT, Clause 15 be Part of the Bill. THAT; Clause 15 be amended by deleting the number 13 appearing between the words section and shall and substituting it with the number 14 THAT, Clause 15 as amended be part of the Bill. CLAUSES 16, 17, 18, 19, 20, 21, 22, 23, 24, AND 25:- THAT, Clauses 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 be Part of the Bill. CLAUSE 2:- THAT, Clause 2 be Part of the Bill. THAT; Clause 2 be amended by inserting the following new terms, (i) (ii) Authority means the Makueni County Fruit Development and Marketing Authority established under section 4 of this act; Board means the board of the Authority constituted pursuant to section 6.

7 THAT, Clause 2 as amended be part of the Bill. (165) THE TITLE:- THAT, Clause the Title be Part of the Bill. CLAUSE 1:- THAT, Clause 1 be Part of the Bill; No debate arising; REPORTING: - Motion moved and question proposed: - THAT, this Committee do now report to the Assembly on its deliberation on the Makueni County Fruit Development and Marketing Authority Bill, 2017, (Makueni County Assembly Bill No. 1 of 2017), and its approval thereof with amendments subject to the re-committal of Clause 20 to a Committee of the Whole Assembly. Debate arising; HOUSE RESUMED: Hon. Deputy Speaker in the Chair. Bill Reported with amendments. Motion moved and Question proposed:- THAT, this Assembly do agree with the Committee of the Whole Assembly in the said Report. Debate arising;

8 (166) Bill re-committed to the Committee of the Whole Assembly pursuant to the provisions of Standing Order 129 (3). 6. COMMITTEE OF THE WHOLE ASSEMBLY:- In the Chair, Hon. Julius Mwalali; Consideration of the Makueni County Fruit Development and Marketing Authority Bill, 2017, (Makueni County Assembly Bill No. 1 of 2017) Bill interrogated and agreed to in the following order:- CLAUSE 20:- THAT, Clause 20 be Part of the Bill. THAT, the amendments to Clause 20 be withdrawn Debate arising. THAT, Clause 20 be part of the Bill. REPORTING:- Motion moved and question proposed:- THAT, this Committee do now report to the Assembly on its deliberation on the Makueni County Fruit Development and Marketing Authority Bill, 2017, (Makueni County Assembly Bill No. 1 of 2017), and its approval thereof with amendments. No debate arising; HOUSE RESUMED: Hon. Deputy Speaker in the Chair. Bill Reported with amendments.

9 Motion moved and Question proposed:- (167) THAT, this Assembly do agree with the Committee of the Whole Assembly in the said Report. No debate arising; 7. THE MAKUENI COUNTY FRUIT DEVELOPMENT AND MARKETING AUTHORITY BILL, 2017, (MAKUENI COUNTY ASSEMBLY BILL NO. 1 OF 2017 Hon. martin Mutuku, MCA Order for Third Reading. Motion made and THAT, the Makueni County Fruit Development and Marketing Authority Bill, 2017, (Makueni County Assembly Bill No. 1 of 2017 be now read a Third Time. No debate arising; Bill read a Third Time and passed. 8. ASSEMBLY ROSE: at twenty minutes to four O clock MEMORANDUM The Speaker will take the Chair on Wednesday, 7 th June, 2017 at 9.30 a.m. ---X---