Mark Ogolla Nyamita

Hon. Mark Nyamita (Uriri, ODM) Thank you, Hon. Deputy Speaker. I beg to lay the following Papers on the Table of the House: Report of the Departmental Committee on its consideration of the Start-up Bill (Senate Bill No. 1 of 2021) ; and The Exit Report of the Departmental Committee...

Hon. Mark Nyamita (Uriri, ODM) I just wanted to say that when Members come to complain that they have not been given an opportunity when a particular Bill is before the House and the Committee of the whole House, they had that opportunity at the Committee. They should have raised...

Hon. Mark Nyamita (Uriri, ODM) The Universities Fund Board can also raise money. That is what we are talking about.

Hon. Mark Nyamita (Uriri, ODM) We are on the Second Schedule. I want to refer you to it. The Fifth Schedule is on page 953 which talks about the administration of the fund. Specifically, the Board shall prescribe the form of the report to be submitted under paragraph seven which...

Hon. Mark Nyamita (Uriri, ODM) Members have an opportunity to propose amendments on this Bill which is before us. If they propose and if they went through the Committee and their amendments did not go through, it is not anything new. (Hon. Kimani Ichung’wah spoke off the record) Please, Hon....

Hon. Mark Nyamita (Uriri, ODM) I will show it to you. Let me just go to the next one. I am getting a copy of the Bill and I will indicate that. The other thing is that on the funding to students that are going to universities, we must remember...

Hon. Mark Nyamita (Uriri, ODM) Thank you, Hon. Speaker. Indeed, I think the Chair has done justice in moving the Second Supplementary Appropriation Bill. I heard murmurs in the Chamber when he said the railway to nowhere is now being moved to Nakuru. I still think this is nowhere. Eventually,...

Hon. Mark Nyamita (Uriri, ODM) Thank you, Hon. Speaker. We went through that Bill, and I think it is a good one for the industry. I beg to second. (Question proposed)

Hon. Mark Nyamita (Uriri, ODM) Thank you, Hon. Speaker. I do not want to repeat what my colleagues have spoken about. Listening to what my former Chair of the Budget and Appropriations Committee, a man I hold in very high respect, Hon. Ichung’wah and what Hon. KJ and many other...

Hon. Mark Nyamita (Uriri, ODM) Please protect me from the noisemakers who are here so that we make progress. Let me get your question right. I was distracted by Hon. Ichung’wah.

Hon. Mark Nyamita (Uriri, ODM)It is conditional grants. June 8, 2022 NATIONAL ASSEMBLY DEBATES 37 Hon. Mark Nyamita (Uriri, ODM)Please, Hon. Ichung’wah, we are in Parliament. We are not in a market in Kikuyu.

Hon. Mark Nyamita (Uriri, ODM)

Hon. Mark Nyamita (Uriri, ODM) Hon. Temporary Chairman, I beg to move: - THAT, Clause 5 of the Bill be amended — Hon. Mark Nyamita (Uriri, ODM) Hon. Temporary Deputy Chairman, I beg to move: - THAT, Clause 13 of the Bill be amended by deleting sub-clause (2) (d) ....

Hon. Mark Nyamita (Uriri, ODM)

Hon. Mark Nyamita (Uriri, ODM) Thank you, Hon. Speaker. Let me also take this opportunity to thank the colleagues we have served with in the Budget and Appropriations Committee for the last five years, especially on this last Supplementary Estimates II. They have put the country first, and not their...

Hon. Mark Nyamita (Uriri, ODM) Thank you Hon. Speaker for giving me this opportunity to also weigh in on this very serious matter that Hon. Duale brought to the attention of the House last week, I think, and he has raised it again today. Whereas I completely associate myself with...

Hon Mark Nyamita (Uriri, ODM) On a point of order, Hon. Speaker.

Hon. Mark Nyamita (Uriri, ODM) Hon. Speaker, it is uncalled for and unparliamentary for Duale to utter such words in this House when he has been a leader in the House. I call on you to ask him to withdraw and profusely apologise to me because I speak from a...

Hon. Mark Nyamita (Uriri, ODM) Thank you, Hon Speaker. Probably before you give us guidance – and I agree with the points that have been raised by Hon Duale – we look forward to him presenting maybe tomorrow afternoon or later as you may guide, the facts of the breach...

Hon. Mark Nyamita (Uriri, ODM) Thank you, Hon. Temporary Deputy Speaker and thank you Chair for the elaborate speech on the BPS. As I rise to support, allow me to first thank my colleagues in the Budget and Appropriations Committee for taking their time. Sometimes we went late into the...

Hon. Mark Nyamita (Uriri, ODM) Thank you, Hon. Temporary Deputy Chairlady. I had a slightly different document. Hon. Temporary Deputy Chairlady, I beg to move: THAT, the Bill be amended by deleting Clause 3 and substituting therefor the February 23, 2022 NATIONAL ASSEMBLY DEBATES 17 Hon. Mark Nyamita (Uriri, ODM)following...

Hon. Mark Nyamita (Uriri, ODM) Hon. Temporary Deputy Chairlady, I beg to move: - February 23, 2022 NATIONAL ASSEMBLY DEBATES 32 Hon. Mark Nyamita (Uriri, ODM)THAT, Clause 7 of the Bill be deleted. The justification is as given in respect of the previous clause. (Question of the amendment proposed) (Question,...

Hon. Mark Nyamita (Uriri, ODM) Yes, we have. We will have a further amendment to specify ‘net of taxes,’ so that the net revenue will not be confused in interpretation. If you allow, the amendment is coming. We will have it as ‘net of taxes’ for purposes of the Hansard....

Hon. Mark Nyamita (Uriri, ODM) I beg to move a further amendment. (Hon. David ole Sankok spoke off record)

Hon. Mark Nyamita (Uriri, ODM) I think mathematically, there is no challenge with Hon. Kiarie’s amendment. What it refers to is a figure not less than. It only allows that figure to move from one percentage to another, whereas the other figure remains static. The figure he is talking about...

Hon. Mark Nyamita (Uriri, ODM)

Hon. Mark Nyamita (Uriri, ODM) Thank you, Hon. Temporary Deputy Chairlady. I beg to move a further amendment to Clause 3.

Hon. Mark Nyamita (Uriri, ODM) Thank you very much, Hon. Temporary Deputy Chairlady. Just for purposes of clarity, the proposal by Hon. Wanga set the percentage to artists at 52 per cent. Of course, during public participation, there were issues as to whether we need to prescribe pricing in statute...

Hon. Mark Nyamita (Uriri, ODM) Hon. Temporary Deputy Chairlady, I hear Hon. Gladys. However, during the deliberations of the telecoms provider, they were not opposed to this. In actual sense, this amendment will help them. You will note that they were being blind to what is happening behind, because there...

Hon. Mark Nyamita (Uriri, ODM) It was for clarity. Let us talk about what we want to achieve with this Bill. We want the revenue that will be shared to be net of taxes. That is what was originally there. Members, this is a House of debate. Many Members thought...

Hon. Mark Nyamita (Uriri, ODM) Hon. Temporary Deputy Chairlady, the justification is actually the same. Section 35 of the Act is important and progressive. The sponsor of the Bill has said that it was not part of her amendments. She actually asked the Committee to delete it. (Question of the...

Hon. Mark Nyamita (Uriri, ODM) Hon. Temporary Deputy Chair. I beg to move: - THAT, Clause 2 of the Bill be amended –

Hon. Mark Nyamita (Uriri, ODM) Thank you, Hon. Temporary Deputy Chairlady. I beg to move a further, amendment to Clause 3 by just inserting the words “the telecommunication operator shall directly remit to the artists or one of the copyrights, the ring- back tone on net revenue share allocated to...

Hon. Mark Nyamita (Uriri, ODM) Hon. Temporary Deputy Chairlady, the proposed amendment seeks to make a close reference to the previous provision seeking to establish a National Rights Registry arising from the proposed amendment to Clause 4 of the further. It corrects a typographical error and provides for the definition...

Hon. Mark Nyamita (Uriri, ODM)

Hon. Mark Nyamita (Uriri, ODM) It is just for clarity so that we have boundaries.

Hon. Mark Nyamita (Uriri, ODM) Hon. Temporary Deputy Chairlady, just to give clarity to what Hon. Wanga is saying, we had included net of taxes, but our legal team advised that net revenue means net of taxes. However, if that clarity is needed, I do not think there is any...

Hon. Mark Nyamita (Uriri, ODM)

Hon. Mark Nyamita (Uriri, ODM) Hon. Temporary Deputy Chairlady, I beg to move: - THAT, Clause 6 of the Bill be deleted. The justification is as for the previous clause. I do not know whether you want us to do this to Clause 7 as well because the reasoning is...

Hon. Mark Nyamita (Uriri, ODM) Hon. Temporary Deputy Chairlady, I will move the final further amendment to this Clause. It is the amendment we discussed earlier, that Clause 3 be further amended in the proposed new Section 30 (c) by deleting the words “net revenue” and substituting therefore the words...

Hon. Mark Nyamita (Uriri, ODM) Thank you, Hon. Speaker. I just want to record my voice on this issue. I have gone through the Report and I have seen the Member in question, Hon. Fatuma Gedi, admitting to have received the document. However, I want to challenge the Committee because...