Kenya-China railway deal in court dispute
Finance Cabinet Secretary Henry Rotich (seated right) with Chinese Minister of Commerce Gao Hucheng sign an agreement for the construction of the Standard Gauge Railway at State House, Nairobi, on May 11, 2014. Travel advisories by the West are not primarily driven by security concerns, but by the changing foreign policies of Western governments due to Kenya’s inclination to the East, writes Mr Maingi. PHOTO/BILLY MUTAI
What you need to know:
- Mr Okiya Omtatah and Mr Wycliffe Gisebe claim the government is acting in bad faith by going ahead to sign the contract, despite the concerns that have been raised, including court cases challenging construction of the railway.
Two activists are seeking to stop the execution of an agreement between Kenya and China for the construction of a railway.
They say the agreement between the government and Exim Bank of China to finance the Mombasa-Malava the Standard Gauge Railway project should be stopped by court until questions raised about it are fully addressed.
Mr Okiya Omtatah and Mr Wycliffe Gisebe claim the government is acting in bad faith by going ahead to sign the contract, despite the concerns that have been raised, including court cases challenging construction of the railway.
VIOLATING THE CONSTITUTION
The activists also want an order compelling Attorney-General Githu Muigai to produce a copy of the financial agreement signed between Kenya and China for public scrutiny before the project is allowed to proceed.
They have accused the AG, the Kenya Railways Corporation and the Public Procurement Oversight Authority of being in contempt of court by allowing the signing of the contract while aware of the existence of court cases in which they are parties.
“In the premise, the said financial agreement between Kenya and the Exim Bank of China undermines the rule of law and should be stopped for violating the Constitution and the principles of good governance,” Mr Omtatah says.
Kenyans are bound to suffer if details of the contract are not made public and the government goes ahead with the construction of the railway connecting Kenya, South Sudan, Uganda and Rwanda.
Chinese Prime Minister Li Keqiang last week led a delegation to Kenya for the signing of the agreement, which has faced several hurdles since its inception.
It was among several projects the government signed with the Chinese premier on President Kenyatta’s first visit to China.
The first court case was filed by the Dock Workers Union over allegations of flaws in the contract awarded to China Road and Bridge Company Limited.
The union argued that the firm had no expertise needed and was awarded the contract without competitive bidding.
