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{
    "id": 734377,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/734377/?format=api",
    "text_counter": 164,
    "type": "speech",
    "speaker_name": "Hon. Wamunyinyi",
    "speaker_title": "",
    "speaker": {
        "id": 291,
        "legal_name": "Athanas Misiko Wafula Wamunyinyi",
        "slug": "athanas-wamunyinyi"
    },
    "content": "The Committee further observed that Eng. Stephen Gichuki, the then CEO, presided over the hurried, forcible eviction of the World Duty Free from the JKIA at night using hired goons, without taking due consideration of the legal and financial implications of the action of the KAA and the businesses operating at the duty free shops in JKIA. Through his actions, the KAA and the public stands to lose Kshs7 billion, which the World Duty Free is claiming for losses incurred during the forceful eviction. The Attorney-General (AG) was not consulted by the KAA, as stated earlier in the background, in drafting and reviewing the contract between the KAA and Dufry International AG in the arbitral award of Kshs4.3 billion to World Duty Free Limited in regard to the High Court Cases No.413 of 2008 and No.45 of 2015 seeking to refrain KAA from awarding a concession agreement to Dufry International AG. The Committee further observed that Prof. Githu Muigai, the AG, was present at the press conference on 16th September 2013, when the CS made the pronouncements I have earlier explained. The circumstance and role of the AG, Muigai, and that of the Office of the AG at the press conference is not clear. The failure by the Government officials present at the press conference to ensure that a deed settlement is entered into by the KAA and the World Duty Free shop has exposed the KAA and the country to a contingent liability of not less than Kshs17 billion. Finally, the Committee observed that World Duty Free Kenya Limited, in which Dufry International AG is a shareholder, is a duly registered company in Kenya. The Committee, arising from the background and observations, made the following recommendations: (1) The EACC investigates Madam Lucy Mbugua, Mr. Victor Arika and all other past and present officials of the KAA involved in designing and subsequent signing of the flawed agreement between the KAA and duty free shops operators at the JKIA and Moi International Airport. (2) The EACC investigates the allocation of duty free shop spaces at Terminal 1A to Meyer Duty Free Limited and duty free operators at Terminal 1A, which seems to have been undertaken in total disregard of procurement laws and procedures. (3) The Committee recommended that Eng. Michael Kamau, the former CS, Ministry of Transport and Infrastructure, should be held individually responsible for his failure to follow through and ensure that a deed of settlement is entered into between the KAA and the World Duty Free shops to protect public interest. As the CS, he had the responsibility of ensuring that funds belonging to the Kenyan public are protected. This failure has exposed the KAA and the Kenyan taxpayer to a contingent liability of more than Kshs17 billion. (4) The Committee also recommended that the AG takes over, as a matter of national interest, all the Kenyan airports duty free cases that were being handled by external legal teams and ensure that a deed settlement agreement between the KAA and World Duty Free is quickly concluded in an amicable manner to protect interests of our citizens. (5) The Committee recommended that the KAA, in consultation with the AG, works towards an amicable finalisation of the matter of an arbitrary award of Kshs4.3 billion granted to World Duty Free Limited in regard to the High Court Case No.413 of 2008; (6) The Committee also recommended that Eng. Stephen Gichuki, the then CEO, be held personally and civilly liable for abuse of office by executing the forceful eviction of 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."
}