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{
    "id": 718466,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/718466/?format=api",
    "text_counter": 154,
    "type": "speech",
    "speaker_name": "Hon. Langat",
    "speaker_title": "",
    "speaker": {
        "id": 384,
        "legal_name": "Benjamin Kipkirui Langat",
        "slug": "benjamin-langat"
    },
    "content": "because I am coming to the Bill. When you are debating, we debate generally about the whole sector and Act before we narrow down to the specifics. I was telling the House that we need to look at the whole Act so that any future privatisation is done and succeeds from day one to the last day. When you look at all the cases, and we have been dealing with these matters, you will find after privatisation, there is a question of corporate governance. We privatise to so many shareholders; no shareholder has majority shares to be able to make a decision. You find there is nobody to control because everybody owns just 10 or 20 per cent. Nobody has a majority stake. We need to be very clear going forward that, and this is what we need for the privatisation of the sugar companies which is still ongoing, this House recently approved the privatisation of five sugar companies, although the matter eventually went to court. The model we adopted, and this House may remember, was that we said we need to have a strategic investor – somebody who will own more than 51 per cent stake, and therefore he will have a controlling interest in the company as opposed to having several small shareholders with none having a controlling interest. We need to look at that very widely. It is very sad that instead of building roads and water projects, we go back to look for funds to support already privatised companies. We need to look at it in a bigger picture so that we get it right. We have never got it right in what we have done so far. Let me come to the Bill itself. It is a fairly small Bill. When you look at the first sections, you will realise that it deals with the clean-up of the Bill so that it complies with the Constitution. For example, instead of saying “minister” we say “Cabinet Secretary” just to be in tune with the Constitution. Then there is another section which this House needs to decide on. We are removing the power of Parliament to vet the appointees to the Commission. Under Clause 3 of the Bill, now instead of the CS nominating and Parliament approving, we are saying the CS will do it competitively without parliamentary approval. This House will have to decide. My Committee also will eventually decide for the relevant amendments, if necessary. Initially, I had wanted to support that section because there is also a requirement that once the proposals have been approved by Cabinet, they should come to this House for approval. But when you read the Bill, you realise the power of the House to approve the proposals is also being removed. Either we agree with Clause 3 or we delete the amendment in Clause 5, which tries to remove the requirement for the proposal to come from the Cabinet to the National Assembly for approval. These companies belong to Kenyans, and representatives of the people, I believe, they should have a say in what is being privatised. Those are the scenarios which we need to look at during the Committee of the whole House stage. The Ministry is saying there are delays when they send proposals for approval by Parliament. Perhaps what we can do to avoid the delay, just as what we have done in the vetting of public officers, we have made it time-bound that Parliament shall consider these proposals, say, within a month so that if there have been delays then we can improve on that. Parliament can be given a limit within which to consider the proposals, but at least Parliament should have a say on what is being privatised. I see my time is ending. I support but there will be need for some consultations and some amendments at the relevant stage. We want to pass a law that improves the privatisation process but that does not take us back to a situation where Parliament is left behind in this process. I support with some amendments. Thank you."
}