Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1019204,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1019204/?format=api",
    "text_counter": 274,
    "type": "speech",
    "speaker_name": "Sen. Faki",
    "speaker_title": "",
    "speaker": {
        "id": 13211,
        "legal_name": "Mohamed Faki Mwinyihaji",
        "slug": "mohamed-faki-mwinyihaji-2"
    },
    "content": "(8) The ongoing transactions of the four agencies shall continue uninterrupted even as the National Treasury organizes and builds the technical skills necessary towards the full implementation of the objectives of the framework agreement. (9) That the ICDC is exempted from prescription of the Muongozo guidelines on multiple directorships of board members. Mr. Temporary Speaker, Sir, from the foregoing, I wish to observe the following- (i)That ICDC, KRC and KPA are established by Statute under which each of the entities have a Board of Directors responsible for the management of the respective entity. (ii)That KPC is a Government owned entity established under the Company’s Act which organizational structure includes a Board of Directors responsible for the management of the company. (iii)That ICDC, KRC, KPA and KPC are State corporations as contemplated in Section 2 of the State Corporations Act. (iv)That Section 7 of the State Corporation’s Act gives the President what may be considered to be sweeping veto powers over the management and functions of State corporations. In this respect, the President may give general and specific directions to a Board of a State corporation and revoke the appointment of a Board member of a State corporation (v)That the Executive Order No. 5 contains directions at orders by the President for the aforementioned State corporations to enter into a framework agreement for the coordination of their respective functions. (vi)That Paragraph 7(ii) of the Executive Order vest the administration and portfolios of KPA, KRC, KPC in the National Treasury, contrary to the provisions of part of legislation that establishes each of these agencies. Any alteration in administration has to be done through amendment of the relevant laws. (vii)That the Executive Order is in essence transfer of the functions of various entities without parliamentary approval. (viii)That the Executive Order is not clear on the functions envisaged under the Kenya Transport and Logistics Network. (ix)That the proposed Kenya Transport Logistics Network will affect funding of the entities as funds follow functions. (x)That the Executive Order is ultra vires the powers of the President as provided for under the Constitution and the State Corporations Act. (xi)That the Executive Order No.11 is likely to transfer functions of KPA and KRC to the National Treasury contrary to the provisions of the Kenya Ports Authority Act and the Kenya Railways corporation Act, currently under the State Department of Transport without amending the relevant laws. (xii)That the Executive Order renders all the three parent Acts impotent without any recourse to Parliament which has a constitutional legislative mandate. (xiii)That counties like Mombasa, which host the KPA have a dominant industry and will be prejudiced as operations of KPA will ultimately be transferred to Nairobi. Mr. Temporary, Speaker, Sir, I kindly beseech this Senate through the Standing Committee on Roads and Transportation to investigate this blatant abuse of the law with a view to restoring the operations of the three corporations to their rightful management. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}