LSK files a petition seeking to quash transfer of Kenya Meat Commission to the Ministry of Defence

The Law Society of Kenya (LSK) has moved to court, seeking in an urgent application, orders to halt the transfer of the Kenya Meat Commission (KMC) to the Ministry of Defence.

In court papers seen by Citizen Digital, LSK argued that the transfer announced in an Executive Order in early September was irregular and in violation of the constitution.

“The effect is KMC which is a creature by Parliament is a body corporate with its own functions and mandate that cannot be transferred or interfered with,” the petition reads in part.

Legal Counsel Hosea Omanwa acting on behalf of LSK argued that the commission’s powers and functions are absolute and nontransferable the KMC as laid out in cap 383 of the Kenyan law.

The LSK now wants the court to quash the transfer and revert all the functions back to the commission.

The government has been seeking to privatize the struggling Kenya Meat Commission (KMC) and sources intimate that the decision to move it to Defence was a strategic one.

The state has been seeking transaction advisors for the privatization of the state run meat packing company in a bid to make it more competitive.

On September 9, Agriculture Cabinet Secretary Peter Munya in a memo directed Livestock Principal Secretary Harry Kimtai to “facilitate a seamless transfer of the Kenya Meat Commission to the Ministry of Defence.”

“Following the transfer of Ministerial Responsibility of the Kenya Meat Commission to the Ministry of Defence by H.E the President, you are directed to facilitate a seamless transfer of the Kenya Meat Commission to the Ministry of Defence,” reads the memo signed by Mr. Munya and copied to KMC boss James Ole Seriani.

The government has been toying with the idea of creating a separate livestock marketing authority to revive the livestock sector.

Following the move, allocation of funding for KMC will now come from the Ministry of Defence who will be expected to invest and mordernise the plant as well as help expand its market both locally and internationally.

The Cabinet Secretary said the Defence Ministry was best placed to take over the Kenya Meat Commission as Kenya Defence Forces are the biggest consumers of meat products from KMC.

“KDF is the biggest market for KMC and we actually import meat for them,” said Mr. Munya. “KMC has been moved for synergy and to help invest properly.”

He also noted that the move was also aimed at dismantling cartels at the Commission.