The KS.40bn law suit brought against the Kenyan Government by World Duty Free (Africa) has stalled at the International Centre for Settlement of Investments Disputes in Geneva, Switzerland.
This is the fourth delay in proceedings after three previous hearings were cancelled over the course of the last three years. The delay surrounds the legal interpretation of whether a $2m payment allegedly made to former President Moi by World Duty Free Africa?s owner, Nasir Ibrahim Ali, was a bribe or a ‘harambee’ contribution [Ed?s note: Harambee Schools Kenya is a charity working with rural Kenyan communities to improve educational standards].
Kabete MP Paul Muite, who is representing Ali alongside British lawyer Geoffrey Robertson has told local press that the government is delaying the case by raising side issues.
But the Kenyan Government?s argument forwarded by Attorney-General Amos Wako, is that anyone paying a bribe should not benefit from their actions. This would seemingly signal an admission – at least on the present administration?s part – that Moi did accept the same in return for awarding a government contract to build and run the duty free shops at Nairobi's Jomo Kenyatta and Mombasa airports.
Meanwhile, Ali?s counsel is arguing vigorously that the payment was not a bribe. A ruling on the case is now expected to be made in early February.