On the other hand, the Government raises the preliminary point that the Claimants have no claim because SML 351 was never revoked. It was just “suspended” pending review of the Task Force. No treaty relief is available in respect of a mere “suspension”, decided in the proper conduct of Government business.
CS Balala’s revocation of SML 351 on 5 August 2013 was arbitrary, malicious and a clear excess of power under the licence, the Mining Act and the Constitution. He has been conspicuously absent from these proceedings. Even if the Tribunal were to find SML 351 void ab initio, the arbitration provision in SML 351 is separable and valid
Balala was clearly looking for a lil something for his own.
When he didn’t get what he wanted (a $1Million bribe) he turned.
So then.... who’s fault is it now ?
The one expecting to receive a bribe in order to administer A mining licence or the one that refuses to oblige to Give in to it for fear that it is immoral and improper.
President Kenyatta gave the go-ahead without any indication of a bribe.
Don’t tell me that you believe a Corrupt politician like Balala. Corrupt politicians in Kenya are a dime-a-dozen.... Balala is no saint. He is the perpetrator and abused power of his office for personal gain.
This annulment review certainly favours PWCRF in light of Balala transgressions.