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{
"id": 1495212,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495212/?format=api",
"text_counter": 96,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "STATUS NEGOTIATIONS FOR A CONCESSION AGREEMENT BETWEEN THE GOVERNMENT AND THE ADANI GROUP"
},
{
"id": 1495213,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495213/?format=api",
"text_counter": 97,
"type": "speech",
"speaker_name": "Gatanga, UDA",
"speaker_title": "Hon. Wakili Edward Muriu",
"speaker": null,
"content": " Hon. Speaker, I rise to ask the Cabinet Secretary for Roads and Transport the following Question. Could the Cabinet Secretary- (a) Provide the current status of any negotiations for a concession agreement between the Government and the Adani Group regarding the management of Jomo Kenyatta International Airport (JKIA) (b) State the details of any consultations and public participation engagements undertaken by the Ministry of Roads and Transport regarding this matter in line with Article 10 of the Constitution. (c) Clarify whether there is full compliance with the provisions of Article 10(2) of the Constitution on the Principles of Governance, including, but not limited to, upholding good governance, integrity, transparency and accountability in the discussions on the proposed transfer of management of JKIA. (d) Confirm that in accordance with the provisions of Article 35 of the Constitution, publishing and publication of all information relating to the proposed agreement between the Government and Adani Group was affected. Thank you, Hon. Speaker."
},
{
"id": 1495214,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495214/?format=api",
"text_counter": 98,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Cabinet Secretary."
},
{
"id": 1495215,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495215/?format=api",
"text_counter": 99,
"type": "speech",
"speaker_name": "Mr David Chirchir",
"speaker_title": "The Cabinet Secretary for Roads and Transport",
"speaker": null,
"content": " Thank you, Hon. Speaker. Hon. Members, I am happy to be in the House this afternoon to respond to various questions. Let me be quick and specific to Hon. Wakili Muriu’s question on the current status of any negotiations for a concession agreement."
},
{
"id": 1495216,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495216/?format=api",
"text_counter": 100,
"type": "speech",
"speaker_name": "Mr David Chirchir",
"speaker_title": "The Cabinet Secretary for Roads and Transport",
"speaker": null,
"content": "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."
},
{
"id": 1495217,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495217/?format=api",
"text_counter": 101,
"type": "speech",
"speaker_name": "Mr David Chirchir",
"speaker_title": "The Cabinet Secretary for Roads and Transport",
"speaker": null,
"content": "I want to confirm that all engagements between the Government of Kenya and Adani were suspended by a court order issued on 9th September 2024 in HCJR/E199/2024 Kenya Human Rights Commission (KNCHR) and the Law Society of Kenya (LSK), Kenya Airports Authority (KAA) and four others. The Court issued a conservatory order prohibiting any person from implementing or acting on the privately initiated proposal for the development and operation of JKIA by Adan Holdings Limited pending the Court's hearing and determination of this application. Therefore, no concession agreement has been executed between the Government of Kenya and Adani. As I answer the following questions, I seek the Hon. Members to appreciate the process of concessioning a Private Initiated Proposal (PIP). We just stopped midway through the process of developing and signing the concession agreement. We are going through the court process and using that as a public participation process to ensure that we provide all the information and ensure that all Kenyans are fully apprised of this new investment platform that will bring in foreign investments and help us to grow some of our infrastructure that we need to develop. The second question required me to state the details of any consultation and public participation and the engagements that have been undertaken. By the time we got to the halt, we had a stakeholder engagement programme. We already had a formal engagement with the Kenya Airports Authority (KAA) senior management stakeholders on 15th August 2024 at the JKIA Head Office Boardroom, which was properly scheduled. We had stakeholder engagement meetings with the KAA and JKIA section heads on 19th August 2024 at the JKIA Carriage Rooftop Conference Room. Additionally, we had a JKIA staff engagement meeting held on 20th August 2024 at the JKIA Presidential Pavilion. We have also held engagements with the Kenya Aviation Workers Union (KAWU) stakeholders; the meeting was held on 20th August 2024 at the JKIA Conference Room. We also held a stakeholders’ engagement meeting with the Kenya Civil Aviation Authority (KCAA) on 26th August 2024 at KCAA Headquarters. We also had engagements with the Kenya Airways stakeholders’ engagement meeting held on 26th August 2024 at Kenya Airways Headquarters Pride Centre, Embakasi. We had an engagement with JKIA concessionaires, retailers and all business owners' engagements in a meeting held on 28th August 2024 at Eka Hotel. We engaged with Kenya Associations of Air Operators in a meeting held on 29th August 2024 at Four Points by Sheraton Nairobi Airport. Finally, we had engagement meetings with the JKIA airline air operators, ground handlers, the Government of Kenya agencies and cargo handlers on 30th August 2024 at Emara ole-Sereni. The public participation plan was to be developed. However, this process has been put on hold following the conservatory orders issued by the honourable Court in judicial review case number HCJR/E199-2024, which has, in turn, suspended the implementation of the proposed project. On the clarification on whether there is full compliance with the provisions of Article 10(2) of the Constitution on the principles of governance, including but not limited to upholding good governance, integrity, transparency, and accountability in the discussions on the proposed transfer of management of JKIA, there has been full compliance until we stopped the concession through a PIP process. It is not like the Public Procurement and Disposal System (PPDA). It is a whole process. I want to confirm compliance with Article 10(2) of the Constitution, strict adherence to the Public-Private Partnership Act, and guidelines issued by the Public-Private Partnership Directorate and Committee. Good governance, integrity, transparency and accountability have been adhered to through due diligence. In our due diligence, we found out that up to the time when we got the orders, Adani Holdings Limited has not been debarred in any country, has not been engaged in acts of corruption, is not insolvent, is tax compliant in all jurisdictions in which it has local tax"
},
{
"id": 1495218,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495218/?format=api",
"text_counter": 102,
"type": "speech",
"speaker_name": "Mr David Chirchir",
"speaker_title": "The Cabinet Secretary for Roads and Transport",
"speaker": null,
"content": "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."
},
{
"id": 1495219,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495219/?format=api",
"text_counter": 103,
"type": "speech",
"speaker_name": "Mr David Chirchir",
"speaker_title": "The Cabinet Secretary for Roads and Transport",
"speaker": null,
"content": "presence, it has not a default on the payment of social security and employment benefits and none of its directors or officers have convicted of any criminal offence related to professional conduct within five years preceding the submission of the proposal and have not otherwise been disqualified pursuant to administrative suspension or debarment proceedings. Furthermore, numerous government agencies have evaluated and analysed the PIP, including the Public Private Partnership Directorate, the National Treasury and the Transaction Advisor and duly qualified. Therefore, the process of considering the proposal by Adani Holdings Limited at the point we reached was rigorous. We strictly followed the due process set by the law. On the confirmation that in accordance with the provision of Article 35 of the Constitution concerning publishing and publication of all information relating to the proposal and agreements between the Government and Adani Holding Limited, let me confirm that all relevant information concerning the said project has been disclosed to almost all the stakeholders. As I said, we continue to use the court process as a public participation process because the documents are out there. The documents were submitted to the Senate when they requested them. Disclosure of information is also being undertaken within the ambit of the existing case filed in Court. Hon. Speaker and Hon. Members, that is the response to the provision of information under Article 35 of the Constitution. Hon. Speaker, I am done with the Question on the Adani Holdings Limited."
},
{
"id": 1495220,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495220/?format=api",
"text_counter": 104,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Muriu."
},
{
"id": 1495221,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495221/?format=api",
"text_counter": 105,
"type": "speech",
"speaker_name": "Gatanga, UDA",
"speaker_title": "Hon. Wakili Edward Muriu",
"speaker": null,
"content": " Hon. Speaker, I am extremely surprised by the Cabinet Secretary's assertion that Adani Group has no corruption case anywhere in the world, and that they have been tax-compliant in any jurisdiction where taxes are paid. I want to submit documents in this House showing that Adani Group has been barred from doing business in Australia and India, purely, for the same reason we are talking about. Therefore, the facts asserted by the Cabinet Secretary are not correct. He might need to get proper details. However, this matter is before court, and we cannot discuss it in detail. I just want the Cabinet Secretary to give factual information. For purposes of the record, I will submit Papers in this House. Thank you, Hon. Temporary Speaker."
}
]
}