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"id": 191313,
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"speaker_name": "Mr. Abdikadir",
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"legal_name": "Abdikadir Hussein Mohamed",
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"content": "Mr. Deputy Speaker, Sir, in that consent order, it was agreed as follows:- \"1. The first defendant, Kamlesh Pattni, and the second defendant, Uhuru Highway Development Limited, do hereby agree to:- 1. Relinquish, assign, re-convey or otherwise transfer ownership and all their rights and interests in the property known as LR.No.209/9514 together with all 1594 PARLIAMENTARY DEBATES July 2, 2008 the improvements thereon including the Grand Regency Hotel, the fixtures thereto, moveable and immovable assets, herein referred to as the assets, to the CBK.\" Mr. Deputy Speaker, Sir, in other words, the assets were vested in the Central Bank of Kenya (CBK) as of that date. That puts to rest the issue of the CBK having been interested in the security registered and the Kshs2.5 billion. So, what we had then was an asset belonging to the Republic of Kenya. The next question is: How does the Republic of Kenya dispose of assets? This brings the issue of whether there is the option of going by private contracts or by public auction. My view is, really, there is no option of going by private contracts. There is absolutely none! We need to step back and find out what we are exactly dealing with. We are dealing with the Grand Regency Hotel, probably, the only asset, out of the corruption and the crime proceeds, that remains in this country. Why does it remain so? For the simple reason that it is a fixed asset. If it would not have been a fixed asset, it would have been removed a long time ago, just like all the others. Secondly, we are dealing with Goldenberg, the epitome of grand corruption in this country - absolute filth, if you can think of any! Thirdly, we are dealing with High Court Civil Suite No.1111 of 2003. Mr. Deputy Speaker, Sir, who are we talking about? We are talking about the CBK. The CBK is the premier regulator in this country. It is the premier regulating entity in the financial sector. What do we expect of the CBK? When you deal with toxicity as in Goldenberg, Grand Regency and anti-corruption, you expect the CBK to be on its guard, not to touch anything reeking of the ilk of Goldenberg with a ten-feet pole. What did we witness? We witnessed the CBK Governor parade with the likes of Kamlesh Pattni in what I would call a \"beauty contest\", a photo up when the handing over ceremony was happening. What do we see? We see the CBK and Kamlesh Pattni sharing a lawyer, in terms of the transaction and how it was done. Thirdly, we are speaking about the Kenya Anti-Corruption Commission (KACC). This is the Commission which deals with issues of corruption in this country. What do we expect of the KACC? What is the mission of the KACC? I note that my time is coming to a close, but I would request hon. Members to refer to the functions of the Commission, under the Anti-Corruption and Economic Crimes Act and, specifically, Section 7. Mr. Deputy Speaker, Sir, finally, we are dealing with land. When it comes to Government land, because this is actually real estate, we need to look at the Government Lands Act. Section 12 thereof deals with public auction, and the fact that land should be disposed of by public auction. Section 12, which deals with agricultural land, also talks about public auction. We are dealing with the Privatisation Act. Under all the sections of the Privatisation Act, competition requires public auction. Mr. Deputy Speaker, Sir, we are also dealing with the Procurement Act. With your permission, I will want to refer to the objectives of the Public Procurement and Disposal Act. The Act states that the entire objectives of Government Procurement and Disposal is to promote competition and ensure that competitors are treated fairly; to promote integrity and fairness in the procedure; to increase transparency and accountability in those procedures; to increase public confidence in those procedures; to facilitate the promotion of---- Mr. Deputy Speaker, Sir, nothing in this transaction supports any of the objectives of this Act and the objectives of the law. Therefore, no one can tell us that they were living up to the law, whether in spirit or in words, when this transaction went down the way it did. For those reasons, I support the Motion."
}