Madoka: The law allows me to be director at two State Corporations

Marsden Madoka tells critics to better read the constitution.

Sunday February 28 2016

Kenya Ports Authority Chairman Marsden Madoka addresses a press conference at Bandari College on February 12, 2016. Former cabinet minister Major (rtd) Marsden Madoka now says those questioning the multiple directorships he holds at the Kenya Revenue Authority (KRA) and Kenya Ports Authority (KPA) to better read the Constitution. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP

Kenya Ports Authority Chairman Marsden Madoka addresses a press conference at Bandari College on February 12, 2016. Former cabinet minister Major (rtd) Marsden Madoka now says those questioning the multiple directorships he holds at the Kenya Revenue Authority (KRA) and Kenya Ports Authority (KPA) to better read the Constitution. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP 

By WALTER MENYA
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Former cabinet minister Major (rtd) Marsden Madoka now says those questioning the multiple directorships he holds at the Kenya Revenue Authority (KRA) and Kenya Ports Authority (KPA) to better read the Constitution.

According to Major (rtd) Madoka, Article 77 (3) of the constitution is very explicit on the number of directorships a retired State Officer can hold in State Corporations.

The said Article 77 (3) provides that “A retired State Officer who is receiving pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee of a company owned or controlled by the State or a State organ.”

The provision is contrary – but superior – to clause 1.6 of the Code of Governance for State Corporations (Mwongozo) that prohibits multiple directorships in State Corporations.

Any provision of the law, rules or regulations that is contrary to the Constitution is null and void to the extent of the conflict.

NO ILLEGALITY

“In terms of the constitution there is no illegality. Mwongozo guide, however contrary remains inferior to the constitution and President (Uhuru Kenyatta) used the constitutional discretion to appoint me to the two positions,”  Major (rtd) Madoka said in response to Sunday Nation story last week that questioned his multiple directorships.

The issue of multiple directorships of Major (rtd) Madoka had been raised by the secretary general of Consumer Federation of Kenya (Cofek) Stephen Mutoro who on February 9 wrote to the Head of Public Service Joseph Kinyua bringing to his attention the conflict of interest that exists with the arrangement.

“Needless to mention, KPA is a significant revenue generation institution to the country.

At the same time, KRA naturally oversights KPA on efficiency and on enhancement of revenue generation.

Besides, the two positions are most demanding in terms of time and leadership.

Again, there is no shortage of skilled manpower.

NO RESPONSE

The “Mwongozo” guide is against the same,” Mr Mutoro said in the letter which has not received a response to date.

But Major (rtd) Madoka maintains that his critics are mistaken about the law.

“KRA and KPA work so closely together because the port is a customs area. If the two were apart there would be chaos.

Basically, I am not fighting to remain in office. And the president should not be condemned because in terms of legality there is nothing wrong,” he said.

Major (rtd) Madoka also refuted Cofek’s claims that KRA oversights KPA. The two institutions, he said, collaborate.

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