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{
    "id": 742784,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/742784/?format=api",
    "text_counter": 174,
    "type": "speech",
    "speaker_name": "Hon. Aluoch",
    "speaker_title": "",
    "speaker": {
        "id": 5,
        "legal_name": "John Olago Aluoch",
        "slug": "john-aluoch"
    },
    "content": "In this report, we have emphasised that whether the appointing authority is the President or the Cabinet Secretary in charge of the docket, their responsibility under the law is to ensure that vacancies in State corporations are filled expeditiously. We have also recommended that in appointing board members, the appointing authorities should ensure that the appointments are staggered so that members of the board do not leave at the same time. The risk of all members leaving at the same time is that no board member remains within the corporation that has got the institutional memory that can help in guiding the corporation. So, in staggered appointment, it would be possible to have some going out and some remaining to mentor new board members. The second aspect that we are dealing with in this report as you will notice in the majority of the 42 State corporations is the issue of title deeds for parcels of land and other fixed development that belong to State corporations. Many of them do not have title deeds. When this happens, we expose public property to theft and misuse. With the disease of land grabbing in Kenya, it becomes very tempting for those in authority to steal public land where there are no title deeds. For example, the KRA in Mombasa has got fixed property whose value is in excess of Kshs1.5 billion; several properties in Kwale, Kilifi and Mombasa Island. Some of these properties were inherited from the former East African Common Services, but they do not have title deeds. You can imagine the temptation that some people in authority could have to steal from an institution that has property worth Kshs1.5 billion but does not have title deeds. We have recommended very strongly that the National Land Commission (NLC) together with the Attorney-General’s office and the Commissioner of Lands should ensure that title deeds are issued to these State corporations. We have also made it clear that in cases where there is evidence of theft of public land, the NLC and the AG’s office should move fast to ensure that cases that are filed in court are expeditiously disposed of. One of the examples comes from the Lake Basin Development Authority (LBDA), a State corporation that is close to my heart. We noticed that property of LBDA, not just at the headquarters in Kanyakwar but also in Milimani in Kisumu, have been taken away by those who are entrusted to maintain them for the sake of the public. In these cases, the LBDA Board has taken cases to court and reported some to the Ethics and Anti-Corruption Commission (EACC) but no action is being taken. So, the thieves of this land still remain free. We are recommending in this report that where there is evidence of theft of public land and the EACC has been notified, they need to move with speed, ensure that investigations are completed, arrests are made and the thieves are prosecuted. Some of the thieves of public land in this country are the ones in authority. They use the same assets to protect themselves from prosecution. That is not right. Again, there is Sunset Hotel in Kisumu. From 2008 to 2009, the hotel was operating without a board of directors. The effect of this was that those who were managers pilfered funds to the extent that the hotel was not able to operate at all; it was brought down to its knees. It pains me as a Member of Parliament from Kisumu County that this State investment has been brought down to its knees. Only last week, auctioneers were at the hotel to attach its properties because it was not able to pay taxes and remit deductions from staff. All these are happening because of the inability of the appointing authority to appoint boards of directors who have authority, experience and capacity to manage the assets of State corporations. If the recommendations in this report are taken seriously, then we, as members of PIC, will feel gratified that our recommendations have helped make Kenya a better country. Our recommendations will have helped make Kenya a country where those in authority are accountable to members of the public. 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."
}