- Questions raised over the board’s current composition
- Legal framework cited to support continued operations
- Court cases linked to delays in completing appointments
Agriculture, Livestock and Fisheries Cabinet Secretary Mutahi Kagwe has defended the current composition of the Kenya Sugar Board (KSB), saying the six-member board can legally conduct its business despite having fewer members than provided for in law.
The Board currently has six members against the 12-member composition provided for under the law, raising questions over its ability to effectively discharge its mandate.
Appearing before the Senate on Wednesday, Kagwe said the Board is operating within the existing legal framework and has the required quorum to transact business.
“In case of a quorum hitch, meetings may be adjourned and thereafter reconvened in accordance with the requirement of State Corporations Act,” he said.
Kagwe was responding to a question by Kakamega Senator Boni Khalwale, who sought an explanation over the delay in fully constituting the Board.
The CS attributed the absence of the remaining members to ongoing litigation challenging the Board elections and the designation of sugar catchment areas.
He further explained that the Board’s operations are guided by the State Corporations Act and Mwongozo, the Code of Governance for State Corporations.
“The legal architecture of the State Corporations Act and Mwongozo both legitimise transaction of business by the Board in its current status,” he said.
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According to Kagwe, Mwongozo provides that a board with eight to nine members requires a quorum of five, while a board with seven members or fewer requires four members to transact business.
“Since the current Kenya Sugar Board membership is six, the quorum threshold is in order. The CEO is also a member for quorum and deliberative purposes, save for voting rights.”
The Kenya Sugar Board is made up of a non-executive chairperson appointed by the President, five representatives elected by sugar growers from each catchment area, and representatives of private and public sugar mills.
The membership also includes the Principal Secretaries in the Ministries of Agriculture and National Treasury, one representative from the Council of Governors and the Board’s Chief Executive Officer.
The issue of the Board’s composition comes as the government continues to address governance and operational challenges in Kenya’s sugar sector, with growers and other industry stakeholders closely watching decisions affecting the management of the industry
By Lizzy Aluga
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