, NAIROBI, Kenya, Nov 11 – Plans to privatize five sugar companies in Western Kenya can now proceed after the High Court dismissed an application by two ODM politicians to stop the process.
Judge Edward Muriithi has thrown out Kisumu Governor Anyang Nyong’o and former Gem MP Jakoyo Midiwo case for failing to exhaust dispute resolution mechanisms between the national and County government within the remedies provided for in the Constitution.
“I find that the proceedings before the court are premature since all the mechanisms to resolve the dispute have not been exhausted,” he ruled.
According to JusticeMuriithi, asking the court to intervene would be usurping the power of organs with the mandate to do so under the Intergovernmental Relations Act.
The judge noted that the alternative dispute resolution efforts ended after it was agreed that the issue should be referred to the appropriate Intergovernmental Relations Committee.
Nyong’o and Midiwo moved to court soon after in May 2016 before any further attempts to amicably settle the matter could be made.
The two sought to have the privatisation stopped claiming the sale process was being conducted illegally, following an advertisement in the local dailies on March 11 2016.
Through their lawyer, the two accused the Privatization Commission of ignoring mandatory conditions and material procedure for the process .
They had also contended that issues raised by cane farmers had not been addressed.
In May 2015, Kenya approved the sale of the government’s stake in Nzoia, South Nyanza, Chemelil, Muhoroni and Miwani sugar .