Companies
Registrar declines release of IPPs data
Friday August 11 2023
Business Registration Service Director General Kenneth Gathuma. FILE PHOTO | KANYIRI WAHITO | NMG
The director general of Business Registration Service (BRS) has declined to divulge personal information of owners of Independent Power Producers (IPPs) publicly citing a breach of the Data Protection Act.
Appearing before the National Assembly Committee of Energy probing the high cost of electricity, Kenneth Gathuma told the lawmakers he can only give the information to the committee for writing its final report but not for discussion in public.
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While Mr Gathuma said he can reveal the directors but without details such as ID and telephone numbers as demanded by MPs.
“The IDs and telephone numbers can be provided but in a confidential manner that the committee can use when it retreats to write its report but not in public,” Mr Gathuma told MPs
Mr Gathuma on Thursday provided a list of directors of some IPPs but MPs termed the information as inadequate.
The committee chaired by Mwala MP Vincent Musyoka said they need the information to put faces of individuals to names of people owning the IPPs so that they are not accused of targeting the wrong person when writing the report.
“A name is just a name, anyone can deny that it does not belong to him but when we have the supporting documents, then we know we are interrogating the right person,” Mr Musyoka said.
Nyatike MP Tom Odege said the additional details will help the committee in determining the identities of some who appear to be direct beneficial owners in more than one company.
He cited Suleiman Said Shahbal who is a director and beneficial owner in both Noora Power Limited and Gulf Power Limited and Francis Koome Njogu who is also listed as director and beneficial owner in the same companies.
Ruiru MP Simon King’ara said while the registrar provided directors of some IPPs, they don’t own any shares, meaning there are other faces who are the real owners of the shares.
Beneficial owners
Mr Gathuma also failed to provide a list of beneficial owners of foreign-owned IPPs, asking MPs to seek the help of the Attorney General in getting the information.
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He told the MPs that some countries don’t provide beneficial owners of the companies, except through the Attorney General’s list of directors of beneficial owners.
“The office of the Attorney General with the recommendation of this committee can write to those jurisdictions to get the information needed through the mutual legal assistant mechanism,” Mr Gathuma said.
