The Director General of the Business Registration Service (BRS), Kenneth Gathuma, has chosen not to publicly disclose personal details of Independent Power Producers (IPPs) owners, citing concerns over potential violations of the Data Protection Act. 

Gathuma's decision was revealed during his appearance before the National Assembly Committee of Energy, which is currently investigating the factors contributing to the high cost of electricity in the country.

Gathuma emphasised that he is willing to provide the information to the committee for the purpose of drafting their final report; however, he is reluctant to share the details for public discussion. 

In his testimony to the lawmakers, Gathuma explained that while he can disclose the names of the directors of IPPs, he cannot provide additional information such as identification numbers and telephone numbers, as requested by the Members of Parliament (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," stated Gathuma during his interaction with the MPs.

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Recently, Gathuma provided a list of directors associated with certain IPPs.

Nevertheless, members of the committee, led by Mwala MP Vincent Musyoka, expressed dissatisfaction with the limited information provided. 

Musyoka asserted that having comprehensive details, including personal identification, would enable the committee to match individuals' faces with the names of IPP owners. 

This precautionary measure would prevent any erroneous targeting of individuals in their 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," Musyoka affirmed.

Other committee members echoed Musyoka's sentiment. Nyatike MP Tom Odege stressed the importance of additional details in accurately identifying individuals who seem to hold direct beneficial ownership in multiple companies. 

Odege cited specific examples, including Suleiman Said Shahbal and Francis Koome Njogu, who are listed as both directors and beneficial owners in multiple companies.

Ruiru MP Simon King'ara highlighted another concern, indicating that while Gathuma shared a list of directors of certain IPPs, these individuals do not necessarily own any shares. 

This observation points to the presence of concealed beneficial owners who hold the actual shares.

Moreover, Gathuma acknowledged that he was unable to provide a list of beneficial owners for foreign-owned IPPs. 

He suggested that the committee seek assistance from the Attorney General to access this information. 

Gathuma clarified that in some instances, foreign jurisdictions do not readily share details of beneficial owners of companies, except through the Attorney General's office.

"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," Gathuma proposed.

As the National Assembly Committee of Energy continues its investigation, the issue of transparency in the ownership of IPPs remains a focal point. 

The deliberations seek to balance the need for public accountability and transparency while respecting legal constraints related to data protection and international legal assistance mechanisms.