GITOBU IMANYARA: Why a KSh 5 Trillion LLC Is a Constitutional Red Line

Constitutions are written to restrain power. They anticipate moments when governments, frustrated by accountability, seek shortcuts to escape oversight - Kenya breaking news | Kenya news today | Capitalfm.co.ke..

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The proposed registration of a National Infrastructure Fund, projected to reach KSh 5 trillion, as a Limited Liability Company (LLC) is being challenged as a direct violation of Kenya's 2010 Constitution.

The proposal is deemed unconstitutional as it bypasses established frameworks for public finance under Articles 206, 210, 221, and 226.
The plan would remove trillions of shillings from parliamentary oversight, legislative approval, and audit by the Auditor-General.
An LLC structure would eliminate public participation and replace constitutional openness with shareholder secrecy, leading to concerns about corruption and impunity.

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