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Re: None

Tuesday, 10/23/2018 7:34:00 PM

Tuesday, October 23, 2018 7:34:00 PM

Post# of 679
Lots of BS in the ruling besides what RR posted -

While the company had exclusive rights to the land (under SPL 256) others took 5 tons of samples from the land they had exclusive rights to- more shit on Pg 31 about the lack of cooperation which had begun

http://icsidfiles.worldbank.org/icsid/ICSIDBLOBS/OnlineAwards/C4666/DS11650_En.pdf

Page 3-
The prospecting licence, SPL 256, expired (after two renewals) according to its own terms on 1 December 2014, without Government intervention.

POage 31-
However, on 18 November 2009, Mr.
Anderson received an email from A.K. Chumba, on behalf of Commissioner Rop, stating that
“after the expiry of [SPL 256] you will be required to relinquish half of the licence area including Mrima Hills [sic].”76 Mr. Anderson testified that on 30 November 2009, he learned that Andrew
Kimani, a “well-connected Kenyan businessman”, had been making visits to Mrima Hill since June/July 200977 and one of his associates, Sammy Mwanyas, reportedly took five tonnes of samples from the site.78 This was contrary to the exclusive rights purportedly granted to CMK under SPL 256.

The Claimants contend that there was a clear connection between the interest an influential local businessman was showing in the Mrima Hill project and the increasingly unhelpful treatment
that CMK was receiving from the Government (including the disputed actions of the KFS).


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