REPUBLIC OF KENYA NYANDARUA COUNTY ASSEMBLY

ORDER PAPERSECOND ASSEMBLY

THIRD SESSION - THIRD PART(No. 212)

WEDNESDAY, 9TH OCTOBER, 2019 AT 9.00 A.M.

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ORDER PAPER

PRAYERS

1. Administration of Oath

2. Communication from the Chair

3. Messages

4. Petitions

5. Papers

6. Notices of Motion

7. Statements

8. Motions and BillsBILLSi. The Nyandarua County Alcoholic Drinks Control Bill, 2019 (Committee of the Whole Assembly) (The House proceeds to the Committee of the Whole Assembly)

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SCHEDULE FOR THE COMMITTEE OF THE WHOLE ASSEMBLY ON THE NYANDARUA COUNTY ALCOHOLIC DRINKS CONTROL BILL,

2019

PROCEDURE FOR COMMITTEE OF THE WHOLE ASSEMBLY, 9 th

OCTOBER 2019 AT 9.00 A.M.CLAUSES WITHOUT AMENDMENTS

1. Clause 3Chairperson -I propose the question that clause 3 stand part of the Bill.

-I put the question that clause 3 stand as part of the Bill2. Clause 6

Chairperson –I propose the question that clause 6 stand part of the Bill.-I put the question that clause 6 stand part of the Bill

3. Clause 8 Chairperson -I propose the question that clause 8 stand part of the Bill.

-I put the question that clause 8 stand as part of the Bill4. Clause 9

Chairperson -I propose the question that clause 9 stand part of the Bill.

-I put the question that clause 9 stand as part of the Bill5. Clause 13

Chairperson -I propose the question that clause 14 stand part of the Bill.

-I put the question that clause 14 stand part of the Bill.6. Clause 19

Chairperson -I propose the question that clause 19 stand part of the Bill.-I propose the question that clause 19 stand part of the Bill.

7. Clause 20Chairperson -I propose the question that clause 20 stand part of the Bill.

-I propose the question that clause 20 stand part of the Bill.8. Clause 21

Chairperson -I propose the question that clause 21 stand part of the Bill.-I propose the question that clause 21 stand part of the Bill.

9. Clause 22 Chairperson -I propose the question that clause 22 stand part of the Bill.

-I put the question that clause 22 stand part of the Bill.10.Clause 23

Chairperson -I propose the question that clause 23 stand part of the Bill.-I propose the question that clause 23 stand part of the Bill.

11.Clause 24Chairperson -I propose the question that clause 24 stand part of the Bill.

-I propose the question that clause 24 stand part of the Bill.12.Clause 25

Chairperson -I propose the question that clause 25 stand part of the Bill.-I propose the question that clause 25 stand part of the Bill.

13.Clause 26

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Chairperson -I propose the question that clause 26 stand part of the Bill.-I propose the question that clause 26 stand part of the Bill.

14.Clause 27Chairperson -I propose the question that clause 27 stand part of the Bill.

-I propose the question that clause 27 stand part of the Bill.15.Clause 28

Chairperson -I propose the question that clause 28 stand part of the Bill.-I propose the question that clause 28 stand part of the Bill.

16.Clause 29 Chairperson -I propose the question that clause 29 stand part of the Bill.

-I propose the question that clause 29 stand part of the Bill. 17. Clause 30

Chairperson -I propose the question that clause 30 stand part of the Bill.

-I propose the question that clause 30 stand part of the Bill.18. Clause 31

Chairperson -I propose the question that clause 31 stand part of the Bill.

-I propose the question that clause 31 stand part of the Bill.19. Clause 32

Chairperson -I propose the question that clause 32 stand part of the Bill.

-I propose the question that clause 32 stand part of the Bill.20. Clause 33

Chairperson -I propose the question that clause 33 stand part of the Bill.

-I propose the question that clause 33 stand part of the Bill.21. Clause 34

Chairperson -I propose the question that clause 34 stand part of the Bill.

-I propose the question that clause 34 stand part of the Bill.22. Clause 35

Chairperson -I propose the question that clause 35 stand part of the Bill.

-I propose the question that clause 35 stand part of the Bill.23. Clause 36

Chairperson -I propose the question that clause 36 stand part of the Bill.

-I propose the question that clause 36 stand part of the Bill.24. Clause 37

Chairperson -I propose the question that clause 37 stand part of the Bill.

-I propose the question that clause 37 stand part of the Bill.25. Clause 38

Chairperson -I propose the question that clause 38 stand part of the Bill.

-I propose the question that clause 38 stand part of the Bill.26.Clause 39

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Chairperson -I propose the question that clause 39 stand part of the Bill.

-I propose the question that clause 39 stand part of the Bill.27. Clause 40

Chairperson -I propose the question that clause 40 stand part of the Bill.

-I propose the question that clause 40 stand part of the Bill.28. Clause 41

Chairperson -I propose the question that clause 41 stand part of the Bill.

-I propose the question that clause 41 stand part of the Bill.29. Clause 42

Chairperson -I propose the question that clause 42 stand part of the Bill.

-I propose the question that clause 42 stand part of the Bill.30.Clause 45

Chairperson -I propose the question that clause 45 stand part of the Bill.

-I propose the question that clause 45 stand part of the Bill.31. Clause 46

Chairperson -I propose the question that clause 46 stand part of the Bill.

-I propose the question that clause 46 stand part of the Bill.32. Clause 47

Chairperson -I propose the question that clause 47 stand part of the Bill.

-I propose the question that clause 47 stand part of the Bill.33. Clause 48

Chairperson -I propose the question that clause 48 stand part of the Bill.

-I propose the question that clause 48 stand part of the Bill.34.Clause 49

Chairperson -I propose the question that clause 49 stand part of the Bill.

-I propose the question that clause 49 stand part of the Bill.35. Clause 50

Chairperson -I propose the question that clause 50 stand part of the Bill.

-I propose the question that clause 50 stand part of the Bill.36. Clause 51

Chairperson -I propose the question that clause 51 stand part of the Bill.

-I propose the question that clause 51 stand part of the Bill.37.Clause 53

Chairperson -I propose the question that clause 53 stand part of the Bill.

-I propose the question that clause 53 stand part of the Bill.38. Clause 54

Chairperson -I propose the question that clause 54 stand part of the Bill.

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-I propose the question that clause 54 stand part of the Bill.39. Clause 55

Chairperson -I propose the question that clause 55 stand part of the Bill.

-I propose the question that clause 55 stand part of the Bill.As many as …………….

CLAUSES WITH AMENDMENTS

CLAUSE 5 – Functions of the Management and Control Committee

Mover - (Hon. Simon Sambigi Mukuriah)

I move the motion that clause 5 (1) and (2) of the Bill be amended by deleting clause 5 (1) and (2) entirely and inserting the following thereof:

“5 (1) There is established the County Alcoholic Drinks Management and Control

Committee comprising of –(a) the Chairperson appointed by the County Public Service

Board with the approval of the County Assembly;(b) the CEC responsible for matters of social services or their

representative;(c) the CEC responsible for matters Finance or their

representative;(d) Four persons appointed by the CEC responsible for matters of

social services with the approval of the County Assembly—(i)a person representing the Marginalized groups in the

County;(ii) two persons, one of whom shall be of opposite gender,

nominated by a registered alcoholic drinks association within the County;

(iii) an Advocate of the High Court of Kenya with a five-years standing;

(iv) the Director responsible for matters of social services who shall be the Secretary and an ex officio member.

(e)the CEC responsible for matters of Social Services shall ensure the constitutional gender rule is adhered to.

(2)the term of office of the committee shall expire on the date of the next general election and despite the provisions of this sub-section, the Committee shall serve until a new Committee is in place provided that the period shall not exceed six months.”

(New sub Clause 3)

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(5) (3) (1) A person is qualified for appointment as Chairperson of the Management

Committee if the person: -(a) is a citizen of Kenya;(b) holds a degree from a university recognized in Kenya;(c) has knowledge and relevant experience in community service or

social work;(d) meets the requirements of leadership and integrity set out in

chapter six of the Constitution; and, (2) A person is qualified for appointment under section 5 (1) (d) if the

person :-(a)holds a minimum of diploma from an institution recognized in

Kenya;(b)has knowledge and experience in management; and(c) meets the requirements of leadership and integrity set out in

chapter six of the Constitution. Chairperson

- I propose the question that ………

- I put the question that …………….

- As many as ………………

CLAUSE 7 - Functions of the Sub County Committee Mover - (Hon. Simon Sambigi Mukuriah)I move the motion that clause 7 be amended by wholly deleting it in its entirety and inserting thereof; -

7. (1) There is established for each sub-county, a committee known as the Sub-

County Alcoholic Drinks Regulation and Control Committee comprising of –

(a)the Sub-County Administrator who shall be the chairperson;(b)the Sub County Public Health Officer;(c) the Sub County Physical Planning Officer;(d)a person representing the youth;(e)a person representing the people living with disability; (f) two persons of either gender representing special interests of the

community; and,(g)an officer from the department responsible for matters for social

services who shall be the Secretary and an ex officio member(2)the persons under (1) (d), (e) and (f) shall be appointed by the CEC

responsible for matters of Social Services who shall ensure the constitutional gender rule is adhered to.

(3)the term of office of the Sub- County Committees committee shall expire on the date of the general election.

(4)despite the provisions of sub-section (3) the Committee shall serve until a new Committee is in place provided that the period shall not exceed six months.

Seconder -

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Chairperson- I propose the question that ………- I put the question that …………….As many as ……………………………

CLAUSE 10 - Protection from Personal Liability Mover - (Hon. Simon Sambigi Mukuriah)I move the motion that clause 10 the Bill be amended by deleting the words “and control” immediately after the word “management”.Seconder -Chairperson

- I propose the question that ………- I put the question that …………….

As many as ……………………………

CLAUSE 11 - Licensing OfficersMover - (Hon. Simon Sambigi Mukuriah)I move that clause 11 the Bill be amended by deleting the word “trade” immediately after the word ‘of’ and substituting thereof with the words ‘social services”.Seconder -Chairperson

- I propose the question that ………- I put the question that …………….

As many as ……………

CLAUSE 12 - Distributor’s LicenseMover - (Hon. Simon Sambigi Mukuriah)I move that clause 12 the Bill be amended by deleting the word “less” immediately after “not” and before “than” and substituting with the word “more”.Seconder -Chairperson

- I propose the question that ………- I put the question that …………….

As many as ……………………

CLAUSE 12 - Distributor’s LicenseMover - (Hon. Simon Sambigi Mukuriah)I move that clause 12 (3) (a) of the Bill be amended by deleting the word “less” immediately after “not” and before “than” and substituting with the word “more”.Seconder -Chairperson- I propose the question that ………- I put the question that …………….

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As many as …………….

Mover - (Hon. Simon Sambigi Mukuriah)That Clause 12 (3) (c) of the Bill is amended by deleting the word “five” and substituting it with “two”.Seconder -

Chairperson -- I propose the question that ………- I put the question that …………….As many as …………….

Mover - (Hon. Simon Sambigi Mukuriah)That Clause 12 (4) of the Bill is amended by deleting the words “County Alcoholic Drinks Management and Control” and inserting thereof the word “management”.Seconder -Chairperson -- I propose the question that ………- I put the question that …………….As many as ………………………

CLAUSE 14 - License to be displayedMover - (Hon. Simon Sambigi Mukuriah)I move that clause 14 (2) of the Bill is amended by inserting therefor the following sub-clause: - (2) A person who contravenes this section commits an offence and shall be liable upon

conviction to either –(a) a fine of not less than ten thousand shillings;(b) imprisonment for a period not more than six months; or, (c) To both to a fine and imprisonment.

Seconder -Chairperson -- I propose the question that ………- I put the question that …………….As many as ………………………

CLAUSE 18 - Application for LicensesMover - (Hon. Simon Sambigi Mukuriah)I move that clause 18 of the Bill be amended by deleting clause 18 (10) entirely. Seconder -Chairperson -- I propose the question that ………- I put the question that …………….

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As many as ………………………

CLAUSE 44 - Alcoholic Management and Control FundMover - (Hon. Simon Sambigi Mukuriah)I move that Clause 44 be amended by deleting sub clause 44 (2) entirely and substituting thereof with the following clause: -44. (2) The Executive Committee Member shall ensure that there is adequate budgetary

allocation for Management Committee and the Sub-County Committees. Seconder -Chairperson -- I propose the question that ………- I put the question that …………….As many as ………………………

CLAUSE 45 (3) - Access by MinorsMover - (Hon. Simon Sambigi Mukuriah)I move that Clause 45 be amended by deleting sub-clause 45 (3) and inserting thereof:

45. (3) Any person who contravenes sub-sections (1) and (2) commits an offence and is liable upon conviction to a fine of not more than fifty thousand shilling and a jail term not exceeding six months or to both”.

Seconder -Chairperson -

- I propose the question that …….- I put the question that ………….

As many as …………………..

CLAUSE 52 - General Penalty Mover - (Hon. Simon Sambigi Mukuriah)I move that Clause 52 be amended by deleting the words “two years” immediately before the word “exceeding” and substituting it with words “one year”.Seconder -Chairperson -- I propose the question that …….- I put the question that ………….As many as ……………………..

CLAUSE 56 - RepealMover - (Hon. Simon Sambigi Mukuriah)

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I move that Clause 56 be amended by deleting Clause 56 of the Bill and inserting thereof:

56. The Nyandarua County Alcoholic Drinks Control Act, 2014 shall stand

repealed upon publication of this Act.Seconder -Chairperson -- I propose the question that …….- I put the question that ………….As many as ……………

NEW CLAUSESCLAUSE 6 - Vacation of Office of the Management CommitteeMover - (Hon. Simon Sambigi Mukuriah)I move that clause 6 of the Bill be amended by inserting the following clause 6 thereof:

6 (1) A member of the Management Committee may—(a) at any time resign from office by notice in writing to the

appointing authority;

(b) be removed from office by the executive member if the member :—

(i) has been absent from five consecutive meetings of the Board without the permission of the chairperson;

(ii) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months

(iii) is adjudged bankrupt;(iv) is convicted of a crime under the Leadership and Integrity

Act; or(v) is culpable of gross misconduct”

Seconder – Chairperson -

– I propose the question that……… - I put the question that…………..

As many as ……….

SCHEDULES WITHOUT AMENDMENTSNIL

SCHEDULES WITH AMENDMENTSFIRST SCHEDULE – MEETINGS OF THE MANAGEMENT COMMITTEE AND SUB-

COUNTY COMMITTEESMover - (Hon. Simon Sambigi Mukuriah)I move that the First Schedule on meetings of the management committee and sub-county committees is amended by inserting the following;

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1. (2) The quorum of the meetings of the Management Committee shall be more than half of its members.

Seconder –Chairperson – I propose the question that …………………I put the question that …………………………As many as ……………………

Mover - (Hon. Simon Sambigi Mukuriah)I move that First Schedule on meetings of the management committee and sub-county committees is amended by deleting sub clause 2 and inserting thereof the following;

2. The provisions above in relation to the meetings of the Management Committee shall with necessary modifications apply to the meetings of the sub-county committees.

Seconder –Chairperson –

- I propose the question that …………………- I now put the question that …………………………

As many as…………………….

SECOND SCHEDULE – CLASSIFICATION OF LICENCES Mover - (Hon. Simon Sambigi Mukuriah)I move that Second Schedule on classification of licences is amended by deleting the words ‘classification of licenses’ and substituting thereof with the words ‘Licenses Hours’ thereof

Seconder –

Chairperson – - I propose the question that …………………- I now put the question that …………………………

As many as…………………….

Mover - (Hon. Simon Sambigi Mukuriah)I move that Second Schedule on classification of licenses is amended by inserting a new hour of licenses to be known as Distributor’s license authorized to sell /distribute alcohol to wholesalers or retailers within Nyandarua County between 8 a.m. - 7 p.m. immediately after the Temporary or Occasional License. Seconder –Chairperson –

- I propose the question that …………………- I now put the question that …………………………

As many as…………………….

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THIRD SCHEDULE – TYPES OF LICENCES Mover - (Hon. Simon Sambigi Mukuriah)I move that Third Schedule on types of licenses is amended by deleting it entirely and substituting it thereof with the following schedule:-

THIRD SCHEDULE – ZONINGZone A. In respect of premises situated within County Headquarter

(Ol’ Kalou Town)Zone B. In respect of premises situated in Ndaragwa, Mairo-Nya,

Shamata, Gwa-Kungu, Njabini, Magumu, Engineer, Ndunyu-Njeru, Ol’ Jor Orok, Kasuku, Miharati, Mirangine

Zone C. c)In respect of premises situated in other areas other than (a) and (b) above

Zone D. In respect of premises situated in other areas other than (a) and (b) above

Seconder –Chairperson – I propose the question that …………………I now put the question that …………………………As many as…………………….

FOURTH SCHEDULE – LICENCE FEES

Mover - (Hon. Simon Sambigi Mukuriah)I move that Fourth Schedule on licenses fees is amended by deleting it entirely and substituting it thereof with the following schedule: -That the Fourth Schedule to the Bill is amended by deleting it wholly and substituting it with:

FOURTH SCHEDULE: LICENSE FEES  Item Distribution    

Large lodging house with restaurant & / or bar - B / C class. Basic standard. Over 10 rooms

   

  a) Zone A Per Business

57,750

  b) Zone B Per Business

48,000

  c) Zone C Per Business

44,000

Medium Lodging House with Restaurant    Page 12 of 16

WEDNESDAY, 9TH OCTOBER, 2019 AT 9.00 A.M.

& / or Bar - B / C Class. Basic Standard. From 6 to 10 Rooms

  a) Zone A Per Business

50,600

  b) Zone B Per Business

37,200

  c) Zone C Per Business

34,100

Large Lodging House with Restaurant & / or Bar - B / C Class. Basic Standard. Over 10 Rooms

   

 a) Zone A

Per Business

57,750

  b) Zone B Per Business

48,000

  c) Zone C Per Business

44,000

Medium Lodging House with Restaurant & / or Bar - B / C Class. Basic Standard. from 6 to 10 Rooms

   

  a) Zone A Per Business

50,600

  b) Zone B Per Business

37,200

  c)Zone C Per Business

34,100

Small Lodging House with Restaurant & / or Bar - B / C Class. Basic Standard. Up To 5 Rooms

   

  a) Zone A Per Business

45,080

  b) Zone B Per Business

35,040

  c) Zone C Per Business

32,120

Large Restaurant with Bar / Membership Club - Over 20 Sitting Capacity

Per Business

134,550

Medium Restaurant with Bar / Membership Club -

Per Business

101,775

  From 11 To 19 Sitting Capacity    Large Bar – 100m2 and Above.    

  a) Zone A Per Business

32,085

  b) Zone B Per Business

27,480

  c) Zone C Per Business

25,190

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Medium Bar - from 50-99m2.      a) Zone A Per

Business 30,475

  b) Zone B Per Business

25,800

  c) Zone C Per Business

23,650

Wines and Spirits, Distributors of First Generation

Per Business

90,200

Wholesale and Retail 1st Generation Wines and Spirit

Per Business

66,000

Hyper Supermarket, Over 20 Employees or Premises Over, 400m2 with Alcohol

Per Business

165,000

Supermarket and Large Wholesaler ,10 – 20 Employees or Premises, 150m2 to 399m2 with Alcohol

Per Business

121,000

Mini Supermarket, 3 – 9 Employees or Premises 100m2 – 149m2 with Alcohol

Per Business

71,500

Large-High Standard Lodging House / Hotel - D Class. Over 30 Rooms with Alcohol

Per Business

117,700

Medium-High Standard Lodging House / Hotel - D Class. From 16 to 29 Rooms with Alcohol

Per Business

97,900

Small-High Standard Lodging House / Hotel - D Class. Up to 15 Rooms with Alcohol

Per Business

85,250

Night Clubs –Bar      a) Zone A Per

Business 136,850

  b) Zone B Per Business

97,900

  c) Zone C Per Business

89,000

Manufacturer Alcoholic License      a) Over 1 Million Litres Per

Business 1,210,000

  b) Between 500,000-999,999 Litres Per Business

638,000

  c) Up to 499,999 Litres Per Business

330,000

Alcohol Assurance Bond Per Business

4,000

Issuance of Duplicate Alcoholic License Per License

500

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Seconder –Chairperson – I propose the question that …………………I now put the question that …………………………As many as……………………

NEW SCHEDULES – Nil

CLAUSE ON INTERPRETATION

CLAUSE 2 – Interpretation Mover - (Hon. Simon Sambigi Mukuriah)I move that paragraph 11 of clause 2 be amended by deleting the words “cultural activities, public entertainment and alcoholic drinks control” and substituting thereof with “Social Services” immediately after the words ‘responsible for’.SeconderChairpersonI propose the question that …………………I now put the question that …………………………As many as…………………….

Mover - (Hon. Simon Sambigi Mukuriah)I propose that paragraph 17 of Clause 2 of the Bill is amended by deleting the entire paragraph. SeconderChairperson-I propose the question that ……………….-I put the question that ……………………As many as …………………………………

LONG TITLEMover - (Hon. Simon Sambigi Mukuriah)I move that the Long title be the title of the Bill. SeconderChairperson-I propose the question that ……………….-I put the question that ……………………As many as …………………………………

SHORT TITLE AND CITATIONMover - (Hon. Simon Sambigi Mukuriah)I move that the short title stands part of the Bill. SeconderChairperson-I propose the question that ……………….

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-I put the question that ……………………As many as …………………………………

REPORT OF THE COMMITTEE OF THE WHOLE ASSEMBLY

THE NYANDARUA COUNTY ALCOHOLIC DRINKS CONTROL BILL, 2019

MOVER To move Hon. Chairperson, I beg to move that the Committee do report to the House its consideration of the Nyandarua County Alcoholic Drinks Control Bill, 2019.

CHAIRPERSON

To put the Question I will put the Question, which is that the Committee do report to the House its consideration of Nyandarua County Alcoholic Drinks Control Bill, 2019.

HOUSE TO RESUME(Chairperson immediately leaves the Chair and the Speaker resumes the Chair)

CHAIRPERSON

To report to the House

Hon. Speaker, I beg to report that the Committee of the Whole House has considered the Nyandarua County Alcoholic Drinks Control Bill, 2019 and approved the same with amendments.

MOVER To move agreement to Report

Hon. Speaker, I beg to move that the House do agree with the Committee in the said Report;

SPEAKER Proposes the Question for adoption of the Report

I will propose the Question, which is that the House do agree with the Committee in the said Report;

SPEAKER Puts the Question for adoption of the Report

I will put the Question, which is that the House do now agree with the Committee in the said Report;

AS MANY AS………………..

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