Statement issued by Mars Kenya
The Government of Kenya issued IRREVOCABLE PROMISSORY NOTES valued at more than 56.33 BILLION shillings to GHOSTS. As Kenya’s Controller & Auditor General told Parliament in April 2006, these Promissory Notes were given to various parties – including Anglo Leasing and Finance Limited, for goods and services that did not exist, or if they did, were grossly over-priced. The nature of these illegal contracts and the MYSTERIOUS IDENTITY of the contractors mean that Kenyans will NEVER receive these goods and services nor be refunded for the huge price difference. No serious attempt has ever been made by the Government to redress this 56 Billion shilling rip-off. In fact, even now Kenyans are LEGALLY BOUND TO PAY this sum despite the obvious illegality of these transactions.
Irrevocable Promissory Notes are legitimate debt settlement commitments that allow payments to be made in future or in installments on fixed dates. Issued by a government they represent SOVEREIGN PAPER and cannot be cancelled, unless there is verifiable evidence of FRAUD in the contracts for which they are used as settlement. Irrevocable Promissory Notes like other forms of Commercial Paper can be sold to 3rd parties – typically financial institutions or other open market investors, buying at a discount.
By seeking to withhold payment on certain Irrevocable Promissory Notes linked to Anglo-Leasing type contracts, Kenya has already been SUED locally and overseas. One of our Embassy premises in Europe has already been attached over some of these contracts and we can expect many other INTERNATIONAL LAWSUITS.
Almost half of Kenyans live on less than Kshs 68/=, (1 US$) per day. Every MAN, WOMAN OR CHILD living under this poverty line would have received almost Kshs 4,000 per person –if this money had been simply handed to them. Instead more than 17 Million Kenyans are saddled with a debt of Kshs 4,000 per person, for goods and services that none of us will ever receive.
56.33 BILLION shillings can pay for the proposed HEALTH BILL and give EVERY KENYAN access to FREE MEDICAL CARE for a year. 56.33 BILLION shillings would have paid for 8 YEARS OF NATIONAL CDF ALLOCATIONS. 56.33 BILLION shillings is 28 TIMES THE YOUTH FUND ALLOCATION.
The Government of Kenya has LIED TO KENYANS MANY TIMES that these contracts were cancelled. The TRUTH is that these contracts have not been cancelled. There is no evidence of cancellation. Further, the Government has contractually bound its citizens to pay this illegitimate debt and the Attorney General has given the Ghost Companies a legal Opinion that binds the Government to honour the Irrevocable Promissory Notes.
Kenyans must now ask the Government and their Members of Parliament, to whom they entrusted the mandate of protecting their assets, this question -WHERE ARE THE PROMISSORY NOTES?
GOVERNMENT and PARLIAMENT must ACCOUNT to the Kenyan people. The following questions are in the Order Paper of Parliament today, Wednesday 2nd MAY 2007, scheduled for the afternoon session.
1. What Is The Status Of The Various Anglo Leasing Type Financing Promissory Notes?
2. What Is Their Value?
3. Have You Paid Any Since the Public Announcement That The Government had Stopped Payments For These Type Of Deals?
In our opinion, should the Minister for Finance be willing to be truthful, he can only respond by addressing the following issues:
• According to the Controller and Auditor General as at April 2006 Audit findings were that
1. Paragraph 5.8 Government was committed to spending a total of 56.33 Billion; the commitments were in the form of Irrevocable Promissory Notes which were given to the credit providers on the day the credit agreements were signed. In layman terms the C&AG is saying that as at the date of his report, the Government did not have the Irrevocable Promissory Notes and they had not been cancelled. If they had been returned or cancelled, nothing would have been easier than the C&AG to put that in his report. This suggests that the former Minister of finance could not have been telling the truth in June 2004 and subsequent Government statements that no money has been lost cannot be true either.
2. Paragraph 5.17 The C&AG as of April 2006 was also saying that the following credit providers to whom the Irrevocable Promissory Notes had been given do not exist and are not bona fide registered business firms
Anglo Leasing & Finance Limited – Liverpool England
Sound Day Corporation – Daventry England
Infotalent Limited – Geneva Switzerland
Midland Finance & Securities Limited – Geneva Switzerland
Apex Finance Corporation – Geneva Switzerland
First Mercentile Securities – Geneva Switzerland
In layman terms the Government had committed itself in writing and had issued sovereign paper committing to pay 56.33 Billion allegedly borrowed from companies that do not exist.
3. What evidence does the Minister have as proof that any of these fictitious companies actually advanced or secured any credit for the Government of Kenya in consideration of the Irrevocable Promissory Notes that they were given?
4. In the final analysis the only means by which the Minister for Finance can answer the question on the status of the Irrevocable Promissory Notes as a representative of a purported borrower is if
– The Irrevocable Promissory Notes have been presented and paid and the Minister can report on who has presented and who he has paid
– The Irrevocable Promissory Notes have been presented and not been paid and the Minister can report on why he has not paid them and who has presented them for payment
– The Minister knows who the alleged credit providers/lenders are and is reporting on what they tell him is the status of the Irrevocable Promissory Notes
– The Irrevocable Promissory Notes have been discounted, (bearing in mind that a lender is under no obligation to inform the borrower when he sells a debt) and therefore the Minister would only report on the status of the Irrevocable Promissory Notes, if he is in contact with the current holders of Kenya’s sovereign debt
– The Irrevocable Promissory Notes have been voluntarily returned and the Minister is reporting on who has voluntarily returned the Irrevocable Promissory Notes. In this case Parliament would still require that the Minister table the evidence of such a return and the formal commitment from whoever returned the Irrevocable Promissory Notes that the Government is Irrevocably and Unconditionally discharged of all legal and financial obligations to the alleged lenders or their successors
– The Minister can lastly report that he does not know the status of the Irrevocable Promissory Notes
5. The Irrevocable Promissory Notes are Legal instruments that are enforceable against the Government of Kenya. This is the opinion of the Attorney General which was given to the lenders as security for the Irrevocable Promissory Notes which are themselves a security for repayment for a series of alleged loans worth 56.33 billion contracted in secret and unlawfully by this Government and its predecessors in breach of the External Loans Act which requires Parliament to be informed as soon as practicable. Even the PWC Contract Document in its terms of reference confirms this position
6. The C&AG in paragraph 5.21 said the Government was in effect funding the so called financiers to finance the procurement of the goods and services due under the contracts while also paying interest and other financing costs. For the C&AG to say this suggests that all Irrevocable Promissory Notes issued by the Government on this contracts were fraudulent.
THE IRREVOCABLE PROMISSORY NOTES ARE STILL OUT THERE. WHERE? WHO HAS THEM? DOES GOVERNMENT KNOW WHO HAS THEM?
Kenyans will now want to know where their Member of Parliament stands on the issue of Irrevocable Promissory Notes and whether the Members of Parliament will stand by, watch, witness and oversee this massive looting of the People of Kenya’s hard earned money.
EVERY SINGLE KENYAN CAN MAKE A DIFFERENCE. Call or SMS your Member of Parliament as it is your right and demand that your Member of Parliament protects your interests and ensures that you will not be liable to pay for goods and services that you do not receive. This is a matter of National Importance
Categories: Order Papers
* Please note: The answers to the questions raised typically appear in the Hansard. We hope to have the all the questions and answers from the most recent Parliament session available on Mzalendo by the end of August.
1) The Member for Mvita ( Mr. Najib Balala) to ask the Minister of State, Office of the President: –
a) Is the Minister aware that Mr. Ahmed Mohammed Suroor, a charcoal dealer at Bibi wa Saafi, Mombasa, was arrested by security officers on Saturday, 31st May 2003 and severely tortured before being dumped on Mombasa Road in Nairobi on Monday, 2nd June, 2003 and that the matter was reported to the Provincial Criminal Investigations Officer, Mombasa?
b) Could he confirm whether the Federal Bureau of Investigations (FBI) officials abducted Mr. Suroor, which was a violation of his rights?
c) What progress has been made after the Criminals Investigations Department (CID) opened an inquiry file No. 5/2003?
2) The Member for Muhoroni (Mr. Ayiecho Olweny) to ask the Minister of State, Office of the President: –
a) Could the Minister table a list by nationality of those who died and those injured during the bomb blast at the Embassy of the United States of America in Nairobi in 1998?
b) Could he give a breakdown of how compensation for the deaths and injuries was done?
3) The Member for Bura (Mr. Ali Wario) to ask the Minister for of State, Office of the President: –
a) How much money did the government spend on relief food in Tana River District during the 2005/2006 financial year?
b) What is the strategy of the government to ensure that the recurrent famine is put to an end?
4) The Nominated Member (Prof. Ruth Oniang’o) to ask the Minister for Education: –
a) Is the Minister aware that strengthening of mathematics in secondary schools (SMASSE) project training services have failed to meet the objectives and do not provide anything new to the teachers?
b) Is he further aware that teachers participating in this project have neither received any any certificate nor their allowances?
c) If the answers to (a) and (b) are in the affirmative, what urgent measures has he taken to save the project which is intended to improve teaching of mathematics and sciences in secondary schools?
5. The Member for Gachoka (Mr. Joseph Nyagah) to ask the Minister for Water and Irrigation: –
a) How many IFAD funded projects are being undertaken in Gachoka constituency?
b) How many have been completed?
6. The Member for Ndhiwa (Mr. Joshua Ojode) to ask the Minister for Roads and Public Works: –
What action is the Minister taking to re-carpet Rodi/Kopany-Karungu Road (C18)?
7. The Member for Bumula (Mr. Wakoli Bifwoli) to ask the Minister for Health: –
a) How many health centres/dispensaries have been funded by the Ministry in Western Province from 2004 to date?
b) Could the Minister table the names of those health centres/dispensaries indicating the amount given to each?
c) What criteria was applied in the allocation of funds to these health facilities?
8. The Member for Masinga (Mr. Itwiku Mbai) to ask the Minister for Lands: –
a) Is the Minister aware that Lands and Tribunal Boards formed three years ago in Masinga and Ndithini divisions have never held any sitting?
b) What measures is he taking to ensure that these boards start working?
9. The Member for Juja (Mr. William Kabogo) to ask the Minister for Local Government: –
a) Is the Minister aware that Joy Town Primary Schools in Thika which caters for handicapped children, has an outstanding water bill of Kshs. 1.9 Million owed to Thika Municipal Council leading to frequent water disconnection?
b) Could he consider waiving the bill as the school relies on donations and grants and it has been unable to even meet the cost of running the institution?
Categories: Order Papers
QUESTIONS BY PRIVATE NOTICE
1. The Member for Naivasha North (Mrs. Jayne Kihara) to ask the Minister for Lands: –
a) Is the Minister aware that part of Delamere Farm in Naivasha has been offered for sale?
b) Could the Minister purchase the land to resettle numerous squatters in the area?
2. The Member for Mbita (Mr. Otieno Kajwang’) to ask the Minister for Finance: –
a) Is the Minister aware that following Ministerial Statement by the Minister in the House regarding the strength of liquidity and deposits of Charterhouse Bank, what is the justification for the continued placement of the Bank under Statutory Management?
b) Are there no other legal ways of dealing with the perceived malpractices, without imposing a Statutory Manager on an otherwise strong and vibrant financial institution?
1.The Member for Kinango (Mr. Gonzi Rai) to ask the Minister for State, Office of the President: –
a) Is the Minister aware that Bombolulu Girls Secondary School was burned down on 25th March, 1998?
b) Is he also aware that a public inquiry was conducted by a 13-member commission which sat for 30 days?
c) Why has the Government not released the findings to the public?
2. The Member for Rongo (Mr. Ochillo Ayacko) to ask the Attorney-General: –
a) How much were the assisting counsel and the Commissioners of the Goldenberg Commission of Inquiry paid?
b) Who negotiated the payments?
c) Could the Attorney General justify the payments?
3 The Member for Tigania East (Mr. Peter Munya) to ask the Minister for Labour and Human Resources Development: –
a) Is the Minister aware that Mr. William Mbarua who worked for 14 years (between 11th May, 1992 and 2nd March, 2006) as driver with Mpata Investments Ltd. Located at Gilfilan House along Kenyatta Avenue in Nairobi had his services unfairly terminated and in addition has not been paid his terminal dues to date?
b) Is he further aware that the letter of termination of employment and final warning letter were written and signed the same day (2nd March, 2006) by the Director, Mr. Yusuffumi Mori?
c) What has the Minister done to ensure that Mr. Mbarua is paid his dues and that other workers in similar circumstances are not harassed and mistreated by employers?
4. The Member for Butula (Prof. Christine Mango) to ask the Minister for Education: –
a) Is the Minister aware that out of 33,000 primary school children in Butula Constituency, 11,000 are orphans?
b)What plans does he have to institute school feeding programme to enable these children perform optimally?
5. The Member for Ugenya (Archbishop Stephen Ondiek) to ask the Minister for Education: –
a) Could the Minister inform the House the official position on the formation of Boards of Governors and why the process takes too long?
b) Is the aware that Sega Girls’ and Moi Uloma Secondary Schools have had no Boards of Governors for over a year making it very difficult for the heads of the respective schools to run them?
6. The Member for Molo (Mr. Macharia Mukiri) to ask the Minister for Health: –
What plans does the Minister have to provide dialysis machines in all provincial and district hospitals in the country?
7. The Member for Butere (Mr. Wycliffe Oparanya) to ask the Minister for Transport: –
a) Is the Minister aware that the passenger train is not operating between Kisumu and Butere?
b) What is he doing to ensure that the service is resumed?
Categories: Order Papers
Yesterday’s order paper. Again source of great insight into how the House conducts its business and into which MPs are actually trying do serve their constituents. Also, looks like a couple of bills are moving forward.
1. THE KENYA INSTITUTE FOR PUBLIC FOR PUBLIC POLICY RESEARCH AND ANALYSIS BILL, (The Minister for Planning and National Development)
First Reading COMMITTEE OF THE WHOLE HOUSE
2. The Statistics Bill (Bill No. 10)(The Minister for Planning and National Development)
3. THE STATUTE LAW (MISCELLENOUS AMENDMENTS) BILL (BILL NO. 12) (The Attorney-General)
1. MOTION – (The Chairman, Public Investments Committee) (Minister for Finance)
THAT, this House adopts the Report of the Public Investments Committee on the Kenya Sugar Board – Loss of Export and Import of Raw Sugar pursuant to Legal Notice No. 2 of 2006 laid on the Table of the House on Wednesday, 29th June, 2006.
QUESTIONS BY PRIVATE NOTICE
1. The Member for Marakwet ( Mr. David Sudi) to ask the Minister Roads & Public Works: –
a) Is the Minister aware that Road C48 which passes through Cheborowa, Tenden and Kapcherop centres is impassable owing to the current rainy season and failure to gravel the road for a long time?
b) What immediate steps is he taking to repair the road and make it passable?
2. The Member for Gatundu North (Mr. Patrick Muiruri) to ask the Minister for Health: –
a) Is the Minister aware that the body of a 17 year old patient, Mr. John Kibaru (IP/ No. 1099688) who was admitted on 11th June 2006 has been lying at Kenyatta National Hospital Mortuary since 4.7.2006 to date?
b) If the answer is in the affirmative and considering the parents of the deceased are unable to raise a sum of Kshs. 224,150 demanded by Kenyatta National Hospital, could the Minister intervene to have the body released to the family for burial?
1) The Member for Wajir North (Dr. Abdullahi Ali) to ask the Minister for Education: –
a) Could the Minister confirm that the free primary education program has increased primary school enrolment by about 2 million children?
b) Given that the current transition rate from primary to secondary school stands at 57% which the government intends to increase to 70%, how does the Ministry intend to cope with increased secondary school enrolment without employing new teachers?
2) The Member for Machakos Town (Mr. David Mwanzia) to ask the Minister Education: –
a) Is the Minister aware that school inspections in both primary and secondary schools within Machakos District are lagging behind schedule?
b) Why are the inspections lagging behind schedule and how far is the backlog?
3) The Nominated Member (Prof. Julia Ojiambo) to ask the Minister for Roads and Public Works:
a) Is the Minister aware that the road between Maji ya Chumvi and Mombasa is a danger to motorists traveling to and from Mombasa City?
b) Could the Minister consider decentralizing the Mariakani weigh bridge in order to decongest the road and avert traffic accidents?
c) Who is the contractor assigned to work on the Maji ya Chumvi – Mombasa road and how much is the job costing the Government?
4) The Member for Ugenya (Archbishop Stephen Ondiek) to ask the Minister for Health: –
a) Could the Minister inform the House what happened to the ambulances that she promised to deliver to Ukwala Health Centre and Ambira Sub-District Hospital during the last Session?
b) Could she explain why the ambulance lying at Ukwala Health Centre for the last five years has not been repaired despite her assurance to the House that it would be repaired and that the money had set aside for the purpose?
5. The Member for Mosop (Mr. John Sambu) to ask the Minister for Lands: –
a) Is the Minister aware that the residents of Kamungei, Kaptich and Kamwega areas in Nandi North District have not been issued with their title deeds?
b) What measures is the Minister taking to address the above problem?
6. The Member for Kerugoya/Kutus (Mr. Daniel Karaba) to ask the Minister for Transport: –
a) Is the Minister aware that the Meteorological Department has continued to make misleading/inaccurate weather forecasts to the detriment of farmers countrywide?
b) What measures is the Minister taking to address the above problem?
7) The Member for Bumula (Mr. Wakoli Bifwoli) to ask the Minister for Water and Irrigation: –
a) Is the Minister aware that Bumula CDF started Mukwa-Siboti-Kibuke water project but has not received any assistance form the Ministry?
b) What plans does he have to assist this water project?
8) The Member for Ol’ Kalou (Eng. Karue Muriuki) to ask the Minister for Finance: –
a) Could the Minister table a list of all the money that was allocated in the annual budget and not spent per each of the votes in the two financial years 2003/04 and 2004/05?
b) How much of the unused funds had Authority to Incur Expenditure (AIEs) been issued?
c) What happened to the money after the end of the financial years?