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{
    "id": 82987,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/82987/?format=api",
    "text_counter": 389,
    "type": "speech",
    "speaker_name": "Mr. Keynan",
    "speaker_title": "",
    "speaker": {
        "id": 41,
        "legal_name": "Adan Wehliye Keynan",
        "slug": "adan-keynan"
    },
    "content": "Indeed, on that particular day, Amb. Awori was in Gaborone, Botswana, representing the African diplomats who were based in Tokyo. So when the Minister told us that Amb. Awori is the one who signed the agreement; again, we had a case with the Minister when Amb. Awori came and said that this is a fraud and that he did not sign the agreement. We have every reason to believe his version. He brought his passport and air ticket and all evidences appertaining to his hotel accommodation. As if that is not enough, there are two agreements here. Those of you who are lawyers will know what two agreements are. One of the agreements has been signed by the Permanent Secretary (PS). I will have to confirm from the Minister; did Mr. Thuita Mwangi go to Tokyo on 30th June? The answer is, no, he did not go. Now, how did he sign this agreement which was done in Tokyo? That is fraud! I have letters here from five senior staff from the Ministry. This agreement was meant to sanitize an earlier one which was signed on our behalf by one Allan Mburu who gave himself power of attorney. Mr. Speaker, Sir, I am not a lawyer but the Minister is. Under the Government Contract Act, Section 3 says that if one has to enter an agreement on behalf the people of Kenya outside this country, that person must have authority from the Minister. The Minister delegates to the accounting officer and the accounting officer delegates to the person who is concerned. Shockingly, Allan Mburu decided to grant himself power of attorney. There is a letter he has written for himself here which says:- “I Allan Mburu the Charge De’Affairs is entrusted by the Republic of Kenya in this real estate transaction including signing, purchasing and sale contract, payment transfers of ownership between the Republic of Kenya----.” Indeed, I have a photograph here of Mr. Allan Mburu and his team. What shocked us is that this agreement was signed inside the vendor’s bank. What motivated the entire procurement team of our mission to move to the vendor’s bank is something that we need to investigate. Mr. Speaker, Sir, we paid 80 per cent of the price. Which of these two agreements is valid? In our opinion, the first one signed by Allan Mburu is a nullity because he was not authorized in law to sign the same. The second one is also illegal and fraudulent because Thuita Mwangi did not visit Tokyo. This means that we do not have a valid agreement in place. I know the Minister will say they have a title, but that title is a product of a fraudulent process and we need the intervention of the Attorney-General to move and sanitize that process and ensure that our interest is secured. There are a number of challenges; 80 per cent of the purchase price was paid at a go. There are cheques here; the first one is dated 1st July. If you look at the payment voucher, it is addressed to one Kuruyama. But when it came to the actual issuance of the cheque it says: “Pay against this cheque cash”. Here it is and I can table it."
}