Busia Senator Okiya Omtatah has called on the public to reject the proposal to have the Privatisation Bill 2023.
The Bill, approved by the Cabinet on Tuesday, gives the Treasury power to privatise public-owned enterprises without the bureaucratic approvals of Parliament.
In a statement on Wednesday, Omtatah outlined reasons why the public should invoke the power given to them under Articles 1(1) and (2) of the Constitution.
The clauses state that "All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution".
"The people may exercise their sovereign power either directly or through their democratically elected representatives."
Omtatah said the people should stand up against the bill, saying the National Assembly will not.
"The current extremely transactional Parliament, which has failed to distinguish itself from and oversight the Executive, is for all practical purposes an auction house," he said.
He said the proposal to strip Parliament of its constitutionally sanctioned oversight role in the sale of State-owned corporations must be subjected to a national referendum for approval.
This is in accordance with Article 255 (1) (h) of the Constitution.
Further, the Senator said stripping the Parliament of its powers will result in a lack of transparency and accountability in the proceedings of the Privatisation programme.
Omtatah noted that having the Parliament hold debates on the selling of the corporations provides the public with transparency, which will be "thrown out the window", should the bill be passed.
He described the move to want to hand over state assets to well-connected individuals as ill-advised and unacceptable.
"If the Government cannot manage these strategic corporations, then the solution lies in addressing management as the problem and not ceding ownership to the private sector," Omtatah said.
Noting that privatisation was vital for the formation of a more rational economic structure, Omtatah warned that privatisation of strategic assets should be limited to management, with ownership remaining public.
The Bill will now be tabled to the Parliament by Majority Leader Kimani Ichungwah.
Should the Bill be passed, Treasury CS Njuguna Ndung’u will be responsible for the formulation and development of the government’s privatisation programme subject to Cabinet approval.
The Bill will repeal the Privatisation Act, of 2005 ushering in a more facilitative and non-inhibiting legal and policy framework that will oversee privatisation in the country.
