The Law Society of Kenya is concerned that the government intends to pay to ghost companies Sh125 billion on grounds that the government lost the case filed by the said firms in London and Switzerland.
“Whereas we are yet to see the pleadings and awards it is suspect that despite the precedent set by the arbitration in World Duty Free Company Limited (where the tribunal held that a contract entered into through corrupt means cannot be enforced in an international or domestic tribunal or court) at the International Centre for Settlement of Investment Disputes (ICSID) Washington D.C.,” sais LSK chair Eric Mutua.
“We therefore demand that the Attorney General makes available to the public (through its website) the pleadings and award in the matter. “
If this payment is made then the LSK shall take out private prosecution against all the persons who contractually committed the country to such payments. It is these kind of financial scams that continue to hurt the country’s economy, he said.
To forestall a repeat exercise the Law Society of Kenya and its advocates were now studying the Standard Gauge Railways contractual documents with intent to file a suit to stop the implementation of the contract and to nullify it.
