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{
    "id": 734398,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/734398/?format=api",
    "text_counter": 185,
    "type": "speech",
    "speaker_name": "Hon. Kipyegon",
    "speaker_title": "",
    "speaker": {
        "id": 1453,
        "legal_name": "Johana Ngeno Kipyegon",
        "slug": "johana-ngeno-kipyegon"
    },
    "content": "Hon. Deputy Speaker, we have also recommended that the Attorney-General should take over, as a matter of national interest. He should take over all the Kenya Airports Authority (KAA) duty-free cases that were being handled by the external legal team and ensure that an agreement is reached between KAA and World Duty Free (WDF) as quickly as possible, and in an amicable manner. That way, he will be protecting public interest. In this particular case, we were also looking at how the issue of National Cereals and Produce Board (NCPB) was handled. Until the time when this Committee intervened, the NCPB had a very tumultuous arbitration process and even court proceedings that made it to be held liable to a fine of over Kshs800 million. That money was meant to be paid by the taxpayers. Failure to pay the fine meant that the equipment owned by NCPB had to be attached. We looked at that issue as a Committee and we felt that the Attorney-General should take over before the matter goes out of hand. We have also recommended that KAA, in consultation with the Attorney-General, works towards amicably finalising the matters of arbitration, specifically the arbitral award of Kshs2.3 million granted to WDF with regard to HCC 412 of 2008. The reason we usually blame those who sit in the procurement institutions is that when it is later found that the right procedures were not followed and then the tenders are cancelled, there are interested people who usually go to court to seek reprieve. In the process, we lose millions and sometimes billions of taxpayers’ money. It is because the penalties or fines incurred by those institutions are normally paid by the taxpayers. The reason we felt those individuals must be investigated is that, at the end of the day, it is the innocent taxpayer who is going to suffer. We also felt that Eng. Stephen Gichuki, the then CEO, should be held criminally and civilly liable for abuse of office by executing the forceful eviction of WDF from JKIA at night using hired goons. He never took due consideration of the legal and financial implications of the actions on KAA and the businesses at the duty-free shops in JKIA. When we listened to the presentations by the witnesses, we learnt that even if WDF and DDF had issues, legal procedures of eviction should have been followed. What the people of Eng. Stephen Gichuki did - and maybe they were hired goons, led to--- What they did at midnight was obviously illegal. There is no eviction which should be done at midnight. That was contrary to the law and that is what made WDF to take action against KAA. Finally, I wish to request as a member of PIC---"
}