Kenya: Western Kenya MPs Threaten Court Action to Halt Nzoia Sugar Lease - allAfrica.com
Nairobi — Western Kenya legislators have threatened to stage mass demonstrations and initiate court action to stop the controversial lease of Nzoia Sugar Company to West Kenya Sugar, a firm linked to the Rai family.
The leaders, drawn from both houses of Parliament, have accused the Ministry of Agriculture of flouting court orders, sidelining stakeholders, and handing over a vital public asset through a process shrouded in secrecy.
The legislators claim the leasing process lacked transparency, failed to involve farmers, workers, and elected leaders, and violated a conservatory court order barring the Ministry from proceeding with any lease agreements.
Speaking at a press briefing, Kabuchai MP Majimbo Kalasinga condemned the lease, citing unresolved debts owed to workers and farmers, and accused the government of ignoring an active conservatory court order barring the lease.
"This matter of the lease was not supported by our people. The court gave clear orders barring the Ministry of Agriculture, Livestock and Development and the State Law Office from proceeding with the lease. The Attorney General was served with this order, yet the ministry proceeded. Who is advising the government?" posed Kalasinga.
They also raised fears of a repeat of what they termed the "Pan Paper betrayal," where the Rai family took over the defunct paper mill in 2016 under revival promises that have never materialized.
"We will organize demos on the ground and in the air until farmers and workers are paid and the tender process is opened up,"the Kalasinga MP noted.
According to the leaders, the same script is now being applied to Nzoia Sugar and other public mills across the Western region, threatening not just livelihoods, but the future of the region's sugar economy.
"Now they want to do the same to Nzoia Sugar. Workers will be vetted afresh, given a year, and then pushed out. Farmers are owed money by Nzoia. The government says it will pay, not Rai. And once the name changes from Nzoia to Rai Sugar Mills, who will be accountable?" Kalasinga asked.
Busia Senator Okiya Omtatah criticized the logic behind leasing public factories to other sugar firms saying the move is not aimed at sugar sector revival but control of the market.
"You have drug barons and you have sugar barons. You don't have coffee barons, you don't have tea barons. Sugar and drugs are high flying commodities, and in this particular place, have no doubt that the Kenya Kwanzaa administration under President William Ruto are a sugar and we are going to stop them,"he affirmed.
"There's no common sense in leasing a sugar company to another. It eliminates competition. Leasing out 24,000 acres of public land to West Kenya is a direct threat to farmers,"he said.
He accused the ministry of bypassing the international tender process saying the awarding of the tender was skewed to the benefit of West Kenya sugar firm for personal interest.
"An international tender was issued to close on March 21. But the minister's statement doesn't mention it. The law says international tenders need 60 to 150 days. What happened to that tender?"Omtatah posed.
Nairobi Senator Edwin Sifuna vowed to challenge the lease in court and through public action, warning that the sugar sector was under siege from well-connected individuals.
"This is daylight robbery. If this lease lasts 30 years, most of us won't be around to explain it to future generations. Our leaders must account for it now,"Sifuna stated.
The Nairobi Senator warned that the leasing process ignored regional stakeholders alluding that the lease was a plot to grab the community land owned by sugarcane farmers in Bungoma.
"Western Kenya exports nothing except sugar. This is our only economic lifeline. Yet, we weren't consulted. And now they want to take even our land. This is land grabbing disguised as leasing,"he noted.
"We will not allow it. There are 1,000 ways to hold people accountable. If Rai thinks he can access our land without permission, we'll show him that history has its eyes on him,"Sifuna added.
Butere MP Tindi Mwale added that the takeover lacked legal and ethical integrity questioning the hurried manner the takeover was conducted.
"As Chair of the Public Accounts Committee, I assure Kenyans that we will summon the Ministry of Agriculture and investigate if the tender met the Public Procurement and Disposal Act, 2015,"
"Why was the handover done at night on a Saturday? Were they afraid of farmers?"Mwale posed.
Kalasinga recalled how Pan Paper, also taken over by Rai in 2016, failed to meet revival promises, with former workers still unpaid.
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"Where is the tender document? How many firms bid? There's no clarity on that. The press statement talks about staff salaries until 2026 but says nothing about paying farmers or suppliers. That's why we are here,"he said.
Vihiga Senator Godfrey Osotsi echoed similar concerns, referencing the Pan Paper saga saying the principle of public participation was undermined in the Nzoia sugar factory take over.
"Pan Paper, worth Sh20 billion, was sold for Sh900 million. Former employees live in abject poverty. Now they want to do the same to Nzoia. The principle of public participation was ignored. No farmers, no employees, no local leaders were consulted. So who was consulted?"Osotsi posed.
The Vihiga Senator challenged President William Ruto directly saying he has neglected the Kenya Kwanza regime promises made to the western region.
"If you're behind this, you've gone against your promise to revive sugar mills in six months. Instead of revival, you're killing the industry. We will not allow this,"he noted.