Petitions Committee Engages Telkom CEO on Funds Spent by rhr National Government Contrary to Provision of Article 233 of the Constitution

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The Telkom CEO Mr. Mugo Kibati has today revealed to the Public Petitions Committee that the Board of Telkom Kenya Limited was not privy to the transactions done by the Government and Jamhuri Holdings Limited (JHL).

The Telkom CEO informed the Committee that the Board was made aware vide a letter by the National Treasury dated 19th August 2022 to the Chairman informing him that JHL/Helios had decided to exit Telkom Kenya and transfer 60% shareholding to the government.

The Committee led by the Vice Chairperson of the Committee, Hon. Janet Sitienei put to task Mr. Kibati on the transactions made last year by the National Treasury to JHL and the role of the CEO as an advisor and member of Telkom Kenya Board.

Telkom Kenya CEO intimated that the transfer of Funds in question was in exchange for the shares, a process that is yet to be completed and that the transaction was done between Jamhuri Holdings and the National Treasury with the CS and Mr Paul Cunningham from JHL as interlocutors.

Mr. Mugo Kibati informed the Committee that the Telkom Kenya Board couldn’t convene to pass resolutions to facilitate the completion of the transaction citing a lack of quorum and that the Directors required all the necessary information to process the request among other reasons.

Members of the Committee expressed concern about what ought to be done in terms of legislation to mitigate future occurrences of a similar impasse.

“Could there be regulations/amendment proposals that you would like put in place to guard future happenings?” Asked Hon. Sitienei.

In response, Mr. Kibati suggested consideration of the Legal and Policy framework while nationalizing Private companies.

Members of the Petitions Committee were also made aware by Mr Kibati that Telkom Kehas received a communication from the National Treasury on the intention to secure a new investor to take over Jamhuri Holdings Limited’s Shareholding.

Furthermore, the Committee engaged Human Rights Organisations namely; HAKI Africa, MUHURI, Human Rights Agenda (HURIA) and SEMA UKWELI on the enactmentof legislation to criminalise and prescribe penalties for the crime of enforced disappearances.

The organizations shared their memoranda with the Committee to assist in the legislation.

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