The International Court of Arbitration in London has dismissed a claim against the government and awarded it over Sh31 billion ($311,649,022).
The Tribunal, in issuing the award on July 2, dismissed all the claims by Kinangop Wind Park Limited (KWP).
It however reserved the final award on costs.
The petition arose from a proposed 60.8 MW wind turbine farm to be put up in Kinangop at a cost of $154 million.
The Vision 2030 project, if successful, will increase the generation capacity from 1.5 GW to 5.6 GW by 2022.
KWP sought compensation and damages under the Letter of Support issued by the government for the erection of 38 wind turbines.
It alleged that the government failed to eliminate a political event emanating from community protests.
The project did not materialise as the community in Kinangop raised concerns about the manner in which it was being implemented.
Specifically, there was no proper community engagement, sensitisation, compensation and relocation of the people. There were also issues regarding the manner in which the land was leased.
The government filed a defence denying the allegations, as well as a counterclaim and an order for costs.
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A two-week hearing took place in London in December last year.
In its ruling, the Tribunal declared that there was no political event within the meaning of the Letter of Support and dismissed KWP’s claims and request for reliefs.
The government was represented in the matter by the Attorney General assisted by Michael Sullivan QC of One Essex Court, Deputy Solicitor General Njeri Wachira
and Pauline Mcharo.
Others were Deputy Chief State Counsel Belinda Kiilu, Principal State Counsel
Jennifer Gitiri
and
Senior State Counsel Timothy Kihara.
They were assisted by State Counsels Charles Kamunya, Sheila Mammet, Victoria Munyi and Charles Wamwayi.
The claimant was represented by King and Spalding, London.
