Kenya Power faces a Sh1.8 billion penalty for failing to submit
uncollected dividends and other financial assets amounting to Sh1.7
billion in the year ended June, Auditor-General Edward Ouko has warned.
Unclaimed
dividends, customer refunds, un-identified receipts, wayleaves
compensation and stale cheques have been piling up at the electricity
distributor which has failed to report and hand them over to the
Unclaimed Financial Assets Authority (Ufaa).
These financial claims had risen from Sh1.6 billion a year earlier. Unclaimed dividends alone stand at more than Sh300 million.
Failure
to report and submit the amounts means the agency cannot make efforts
to reunite the financial assets with their rightful owners.
According
to the Unclaimed Financial Assets Act, 2011, failure to comply attracts
a penalty of 25 per cent of the assets in addition to a daily interest
of Sh7,000 for each day a report is late in submission.
“This
aspect of non-compliance may cost the company up to Sh1.8 billion, in
interest and penalties as at June 30, 2018,” Mr Ouko said in his audit
report on Kenya Power’s financial statements.
Failure
to report and remit the unclaimed financial assets to Ufaa means their
owners cannot access them since only the agency can hand them over once
they have been unclaimed.
According to the law,
financial assets are deemed to have been abandoned if they have not been
claimed for a specific period of time.
Shares and the dividends accruing thereon are considered abandoned if they are unclaimed for more than three years.
The
agency has accumulated Sh10.5 billion in cash over the past three years
that has not been claimed. That figure includes assets worth Sh8.53
billion that have been snubbed by mainly rich families.
The
accruing penalty is one of several significant exposures which have not
been disclosed by Kenya Power before, making it difficult for investors
to determine the company’s actual financial position.
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