Press Release

Region set to realise e-Business Growth as EALA enacts EAC Electronic Transactions Bill

EALA yesterday passed the EAC Electronic Transactions Bill 2014 paving way for the business and corporate world to transact business using digital means.

Debater after debater supported the Bill saying it would grow the economies of Partner States and the region. The Bill had a number of clauses revised and or inserted to reflect relevancy and consistency.

The Electronic Transaction Bill, 2014 seeks to meet the need of exploiting electronic transactions in the modern day business transactions. The Bill further wants to promote technology neutrality in applying legislation to electronic communications and transactions and to develop a safe, secure and effective environment for the consumer, business and the Governments of the Partner States to conduct and use electronic transactions.

Debate on the Bill was adjourned at the 1st Meeting of the 4th Session of the 3rd Assembly held in August 2015 in Kampala, Uganda to pave way for stakeholders to make additional input.

The adjournment came after a request for deferment of the debate by the Chair of Council of Ministers, Hon. Dr Abdallah Saadaala was approved. The Chair of Council of Ministers reiterated total support of the Bill but added there was need for more time for the consolidation of further inputs and comments by stakeholders.

At the same time, consultations are been called to allow for enrichment of the Report of the Committee of Communication, Trade and Investment.

In his ruling then, Speaker Rt Hon. Daniel F Kidega directed that the Bill, whose initiator is Hon. Dr James Ndahiro, be brought back to the Order paper during the Nairobi Sitting.

On Wednesday this week, the debate was adjourned a second time to avail the Committee time to look through the comments received from the Monetary Affairs Committee (MAC). When debate resumed yesterday, several members rose up in support of the Bill. Hon. Nancy Abisai, Hon. Fredrick Ngezebuhoro, Hon. Mike Sebalu, Hon. Shyrose Bhanji, Hon. Zein Abubakar and Hon. Susan Nakawuki gave a firm nod to the Bill.

Others were Hon. Patricia Hajabakiga, Hon. Martin Ngoga, Hon. Sarah Bonaya, Hon. Leonce Ndarubagiye, Hon. Valerie Nyirahabineza and Hon. Adam Kimbisa. Also supporting the Bill were Hon. Joseph Kiangoi, Hon. Twaha Issa Taslima, Hon. Abdullah Mwinyi, Hon. AbuBakr Ogle, Hon. Bernard Mulengani, Hon. Peter Mathuki and Hon. Chris Opoka.

The Members urged Partner States to embrace the Electronic Transactions Bill and harmonise their laws to the regional law to create a proper environment for all possible users and beneficiaries of ICT in the region and beyond.

The debate was preceded by tabling of the revised report of the Committee on Communication, Trade and Industry on the public hearings of the Electronic Transactions Bill, 2014 by the chairperson, Hon. Mukasa Mbidde.

The Chair of Council of Ministers, Hon. Dr Abdallah Saadaala reiterated the support of the Bill saying all Partner States were of the same frame of mind when it comes to the tangible benefits of electronic transactions.

Two EALA Members sworn in

EALA yesterday administered the Oath of Allegiance of the EAC Treaty to two new Members as the 2nd Meeting of the 4th Session of the 3rd Assembly commenced.

The Assembly swore in the re-appointed Minister for EAC Affairs in the Republic of Burundi, Hon. Leontine Nzeyimana as an ex-officio Member of the House and Hon. Dr Francois Xavier Kalinda, the new Member from Rwanda.

The Oath of Allegiance to the House was administered by the Clerk of EALA, Kenneth Madete before the EALA Speaker, Rt Hon. Daniel F. Kidega. Both legislators took the oath in accordance with Rule 5(4) of the Rules of Procedure of the Assembly. The Rules of Procedure say in part that: “No Member can sit or participate in the proceedings of the House until the Oath or Affirmation of Allegiance to the Treaty is taken”.

Rule 5(5) specifically states that “when a Member first attends to take his or her seat other than at the first sitting of a new House, he or she shall be brought to the table by two Members and presented by them to the Speaker who shall then administer the Oath or Affirmation of Allegiance”.

Hon. Nzeyimana who was recently re-appointed Minister for EAC by President Pierre Nkurunziza following the elections in Republic of Burundi, was ushered into the House by Hon. Emerence Bucumi and Hon. Isabelle Ndahayo. She previously served in the same position.

Hon. Dr Francois Xavier Kalinda was escorted in by Hon. Valerie Nyirahabineza and Hon. Dr Odette Nyiramilimo. Hon. Dr Kalinda was elected by the Parliament of Rwanda to EALA on 15 September 2015, replacing Hon. Celestine Kabahizi who tendered in his resignation from the Assembly in June 2015.

The Legislator garnered 79 votes to beat his rival Pelagie Uwera, who got 12 votes, out of 91 lawmakers of both chambers of Parliament. Dr Kalinda assured Parliament that he would diligently take his expertise to EALA and work with colleagues in a bid to find solutions to the region’s problems.

Prior to his election, Hon. Dr Kalinda was the Dean of the Faculty of Law at the University of Rwanda. Hon. Dr Kalinda, 53, holds a Doctorate of Philosophy degree in Business Law obtained from the University of Strasbourg, France, in 2010. After graduating from the then National University of Rwanda in 1996, he pursued a Master of Law in Intellectual Property Rights at the University of Ottawa, in Canada, completing in 1999.

EALA Plenary commences in Nairobi

President Uhuru Kenyatta is calling on the region to concert its integration efforts, showcase the fruits of integration and facilitate the incremental approach of the pillars ultimately leading to the Political Federation of the region.

The Head of State maintained that the Summit of the EAC and his Government were committed to the integration agenda as evidenced by accelerated approach towards the development of infrastructure among other benefits.

President Kenyatta’s remarks were delivered by the Speaker of the Senate, Rt Hon. Ekwee Ethuro at the commencement of the 2nd Meeting of the 4th Session of the 3rd Assembly at the Kenya National Assembly this morning.

He reiterated that the Standard Gauge Railway which a couple of years back was a pipe-dream was now a reality. “There is increased focus towards the development of the Northern corridor. There are also plans to develop an oil and gas pipeline from Uganda trough north-western Kenya (Turkana) to the port of Mombasa to ease transportation of crude oils and to enhance exportation of mineral oils. I see no wavering by our Summit towards this process and I am assured that in the near future, the fruits of these efforts will come to bear”, Rt Hon. Ethuro said. Rt Hon. Ethuro remarked that it was vital for the Common Market Protocol to be fully implemented and devoid of Non-Tariff Barriers to enable citizens reap the full benefits.

“While this Protocol was ratified and came into force almost 6 years, the people of the region are still not enjoying these freedoms. Non-Tariff Barriers (NTBs), for instance, are one hindrance to the enjoyment of these freedoms”, the Senate Speaker said.

“We strive towards the elimination of NTBs to ease movement of people and goods while adhering to the Rules of Origin,” he added. The Senate Speaker rooted for amendment of the Treaty in response to a request by his EALA counterpart, Rt Hon. Daniel F. Kidega.

“Mr. Speaker, I am not suggesting that the 1999 Treaty is obsolete; but I believe it is time to consider some amendments to the Treaty in order keep up with changing times. Amendments that we should consider include those that allow citizens to play a more active role in the management of the affairs of the region. Public participation has become a critical pillar in our modern constitutions”, Rt Hon. Ethuro said.

He further hailed EALA for its efforts to ensure peace prevailed in the region. Rt Hon. Ethuro further commended EALA for its legislative performance. “Mr. Speaker, turning to your legislative performance, I want to commend you and Honourable Members because in the last nine months or so, you have managed to pass 7 Bills, published 13 Reports and passed 7 Resolutions. This is evidence of hard work considering that your sessions last short periods compared to sessions of National Assemblies and Senates of Partner States”, Rt Hon. Ethuro said.

In his welcome remarks, the Speaker of the EALA, Rt Hon. Daniel F. Kidega noted that East Africans were interested in seeing more tangible benefits of integration. He noted that with the coming into force of the fully-fledged Customs Union, it was necessary for products to be sold within the ambits of the Customs Union Protocol and without barriers.

“It is in this regard that we as an Assembly, are keenly watching the issue of Sugar given that the Customs Union is now fully-fledged and promotes intra-EAC Trade. We plead that a divide between politics and integration be wedged”, he remarked.

With regards to the Common Market Protocol, the Speaker called on the EAC Partner States to ensure its full implementation saying that East Africans wanted to enjoy full benefits. He cited the process of acquiring work permits as cumbersome. “The Common Market Protocol was entered into in 2010. Yet still today, only few of the EAC citizens would work in another Partner State because they feel and face too many obstacles. The acquisition of work / resident permit is one of the major challenges and the processes need to be harmonised”, Rt Hon. Kidega said.

The Speaker noted that EALA was now stronger and more united in serving East Africans. He called for the amendment of the Treaty to reflect the current times in the integration process.

The Speaker cited challenges facing the Assembly as that concerning the Assent of Bills stating that it was necessary to speed up the processes.

We are of the view that the region takes advantage of the Summit sittings which can create opportune moment for the Summit Members to exercise their mandate as stipulated under Article 63”, Speaker Kidega said. The Speaker also called for the full autonomy of the Assembly, which he said was necessary to enable it realise its mandate.

“At the moment, the Assembly has a semi-autonomous status – the ideal scenario would be full autonomy including the direct funding by Partner States. This is absolutely necessary for the betterment of the EAC. It is key that we sit down with the Executive in the near future to find a lasting solution to the matter”, he remarked.

The Speaker hailed the progress in Kenya as commendable. He cited the economic growth under the mantra of Umoja, Uchumi na Uwazi and progress of infrastructure including the world’s largest Geothermal Plant commissioned in Naivasha last year, which adds 140 megawatts of power to the national grid, effectively bringing down electricity costs as game changers in the development process.

At the EALA Session, the following is the notable business:

The EAC Electronic Transactions Bill, 2014 – 2nd and 3rd Reading

The EAC Forest Management and Protection Bill, 2015 – 2nd and 3rd Reading

The EAC Disaster Risk Reduction and Management Bill, 2015 - 2nd and 3rd Reading

Debate and adopt Reports of various Committees of the House.

The Chair of the Summit of EAC Heads of State is also expected to deliver a Farewell Address to the House next week. Moving the vote of thanks, Hon. Mike Kennedy Sebalu noted that Kenya had progressed following the leadership of President Uhuru Kenyatta.

He remarked that EALA Members would continue to spread the integration message. He acknowledged the role and vital contributions of Speaker Ethuro at the Bureau of Speakers Forum. Hon Sebalu said the Senate was successful so far with regards to its continuation to its mandate.

Hon. Sebalu further thanked the Speaker Emeritus, Rt Hon. Abdirahin Abdi and the former Members who were present for their support.

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