The Cabinet has approved a bill giving power to the Treasury to privatize public-owned enterprises without the bureaucratic approvals of Parliament. The bill will repeal the Privatization Act, 2005 ushering in a more facilitative and non-inhibiting legal and policy framework that will oversee privatization in the country.
According to the Cabinet, the sale of non-strategic, non-performing public entities will help improve the upgrade of infrastructure and the delivery of services to Kenyans from the money generated from the sale.
Privatization will also tame the demand for government resources through saving money that would have been used to fund the operations of these institutions and generate more funds to drive the government’s development agenda.
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The Cabinet also granted approval for the Government to pursue a negotiated commercial settlement for the Commercial Contracts and Financing Agreements for the Arror, Kimwarer and Itare Dams.
It further allowed the National Treasury to engage the Director of Public Prosecutions and provide the relevant information on the public interest implications arising from the huge financial exposure of the government.
The cabinet also approved the appropriate restructuring of the Government of Kenya’s outstanding debt service obligations under the Financing Agreements for the Arror, Kimwarer and Itare Dams.
It reinstated the mandate, functions and operations of the Technical and Vocational Education and Training-Curriculum Development Assessment and Certification Council (TVET-CDACC).
TVET-CDACC will now be tasked with the designing and development of learner-centered, demand-driven, industry-led TVET curricula for the training institutions’ examination, assessment and competence certification.
The Cabinet further approved the establishment of the National Alternative Dispute Resolution Policy which will go a long way in decongesting the courts. It also gives the public the opportunity to resolve disputes through means fashioned to respond to the real and practical world.
However, lawyers have protested a move by the Cabinet giving Treasury CS Njuguna Ndung’u powers to privatize state corporations.
According to Law Society of Kenya president Eric Theuri, the decision to bypass Parliament opens up the possibility of abusing powers by the Executive. He insisted that the privatization of state-owned firms needs parliamentary approval for quality checks.
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