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{
    "id": 976303,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/976303/?format=api",
    "text_counter": 65,
    "type": "speech",
    "speaker_name": "Kilifi North, ODM",
    "speaker_title": "Hon. Owen Baya",
    "speaker": {
        "id": 13373,
        "legal_name": "Owen Yaa Baya",
        "slug": "owen-yaa-baya"
    },
    "content": "hence this claim was used to obtain fraudulently all KDCU shares with corporation by the then KDCU officials. This ultimately led to the flawed and irregular acquisition of the factory from the bona fide shareholders. However, records show that KPPL did not advance the Kshs2 million to KDCU, but to Kenya Cashew Nuts Limited and they should not have taken over KDCU interest in the factory based on this allegation. THAT, the Kenya Cashew Nuts Factory finally closed down in October 1997 and subsequently hit the coastal economy hard creating widespread joblessness leaving cashew nuts farmers stranded thereby denying the country available source of export and foreign exchange. THAT, the factory shut down with un-serviced Barclays Bank loan of Kshs95 million whose security was the Kenya Cashew Nuts Factory premises which the bank sold off to Millennium Management Limited for Kshs58 million despite a court injunction filed by KDCU. THAT, the auction was illegal as thee was a court injunction that stopped the auction and still remains illegal up to now. In the process of the illegal sale, KDCU lost its 35 per cent shares as the new managers of the factory used illegal means to acquire the shares of the farmers. THAT, the purported current owners of the factory are illegal owners and that the bona fide owners of the factory to date are KDCU and the Kenya Government because a sale that emanated from an illegal auction is still not a sale. THAT, following the illegal acquisition, KDCU was unfortunately coerced by the new illegal owners to take over all the debts of Kshs110 million of the Kilifi Cashew Nuts Limited, debts which actually weighed heavy on KDCU and collapsed it. THAT, the factory was ravaged and plundered by the new illegal owners and consequently, all machines and equipment were transferred to Tanzania and Tiwi where the new illegal owners had interest and used the sale of the machines to pay off their debts and laid off workers left without compensation. THAT, while majority of the factories that collapsed following flawed privatisation such as the Kenya Meat Factory, RIVATEX, KICOMI and Mumias Sugar Company have already been revived by the Government, the Kenya Cashew Nuts Factory remains unattended. THAT, the farmers in mid 90s sent a petition to the President of the Republic of Kenya who ordered and triggered the ODPP to pay a visit to the factory to investigate the matter and revert it to the farmers, efforts which were muzzled by the then Office of the ODPP. THAT, the then Attorney General, Amos Wako was ordered by the then President to reverse the illegal transfer of shares and registered the shares in the name of KDCU but he did not. THAT, the 9th Parliament in 1999 made recommendations to revert the factory back to the farmers but the Attorney General did not act. THAT, in November 2019, other officers were sent to pursue the matter further but nothing has come forth. THAT, efforts to have the matter addressed by the relevant authorities have not borne much fruit. THAT, the matter in respect of which this Petition is made is not pending before any court of law or constitutional body. THEREFORE, your humble petitioners pray that the National Assembly, through the Departmental Committee on Agriculture and Livestock: a) Enquires into the collapse of the Kenya Cashew Nuts Factory with the objective of highlighting factors that led to its closure. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}