NAIROBI, Kenya, May 12 – The High Court has extended orders stopping the privatization of five sugar companies, pending the hearing and determination of application filed by Kisumu Senator Peter Anyang Nyongo and Gem MP Jakoyo Midiwo.
Justice Weldon Korir, said the application by the senator and the MP ought to be consolidated with other petitions pending before the court for purposes of expeditious disposal.
The judge directed that the case be mentioned on May 19 for further directions on how the matter should proceed.
Through lawyer Victor Omondi, Midiwo moved to court seeking orders to halt the intended privatization of Nzoia Sugar, South Nyanza, Chemelil, Muhoroni and Miwani sugar companies, saying the advertisement seeking invitation to forward expression of interest was premature.
The lawyer told the court that the advertisement placed by Privatization Commission which appeared in the local dailies inviting strategic partners to invest in the five sugar factories lacked merit and is a waste of public funds.
He said that the advertisement is in breach of the Constitution and the devolved Government Act and the same should be stopped to allow proper procedures to be followed.
Omondi submitted that the impugned acts violate Article 35 of the Constitution which requires any public entity to furnish information before seeking request for expression of interest.
He stated the public have not been provided with information by the commission to enable it perform its statutory duty before invitation is carried out.
The court heard that any further expenditure which includes more advertising or invitation for expression of interest will be a waste of public funds.
Omondi said that, it’s better to protect prospective investors from wasting their funds.
He said that at the hearing of the substantive application, the court will be asked to quash, prohibit and compel the commission not advertise for expression of interest regarding the five sugar companies.