Pacific Wildcat Resources Corp (PWCRF)

[Mr. Bill]

146. In summary, the Claimants contend:
(a) the necessary EIA approval was given by Mr. Langwen, an authorized NEMA Official;154
(b) Commissioner Masibo had the discretion to convert the EIA condition precedent (set out in the conditions to SPL 256) into a condition subsequent that could be
fulfilled after SML 351 had issued; and

154 Justice Torgbor ventured into the facts and opined that EIA approval was given, and points to the letter from Benjamin Langwen dated 8 July 2013, Exhibit C-91, and an EIA review report signed by Mr. Jeremiah Wahomel According to Justice Torgbor, “having reviewed this document, it seems clear that NEMA had reviewed Cortec’s EIA and communicated approval.” (Tr. Day 6, p. 12, ll. 7-18). At that point, Justice Torgbor was no longer providing evidence of Kenyan law and had become an advocate of the facts.


The part in red is very curious IMO

(c) in any event, the Claimants’ EIA submission satisfied Mining Commissioner Moses Masbio, and it was within his discretion to find the CMK had met the EIA
condition.