Privatization –Top legal minds in the country have come out to reject the Tuesday move by the current cabinet to privatize State corporations.
Addressing the matter, the Law Society of Kenya Eric boss Eric Theuri and his colleagues have claimed that the Privatization Bill 2023 approved by the Cabinet on Tuesday March 21 will mess government and leave wealthy individuals at the top grabbing government entities.
Lawyers have protested the move which now gives Treasury CS Njuguna Ndung’u powers to privatise State corporations at will.
In the controversial Bill, the CSs will not need the approval of Parliament to privatise any corporation since this exercise can now take place in boardrooms and still be successful.
LSK boss, Eric Theuri, has called out the executive adding that the decision to bypass Parliament is a dangerous one.
“Parliament oversights Executive on behalf of the people. Privatization needs parliamentary approval as a quality check safeguard. The disposal of public assets must be guided by public interest considerations. By-passing Parliament opens possibilities for abuse,” Lawyer Theuri tweeted.
In addition to that, Lawyer Cliff Ombeta said this issue of the executive (Cabinet) deciding about giving powers to a Cabinet Secretary remains weird.
“This issue of the executive (cabinet) deciding about giving powers to a cabinet Secretary to proceed with privatisation without parliament oversight…… isn’t it a constitutional duty for parliament? Swali tu,” he posed.
In their Tuesday March 21 sitting, President William Ruto’s Cabinet approved the controversial Bill that has seen the country rise in uproar over the intention.