In the relentless tragic-comic drama being played out in Kenya’s political theatre, I am not surprised that profound developments that warrant attention will not get any.
In the latest jaw-dropping episode of the now-running Ruto-phobia versus Ruto-mania saga in which the Deputy President is seeing potential assassins in a gathering of worthies from the Mt Kenya region and our larger-than-life Interior Ministry PS is reporting the DP to our chief detective as a bully, it escaped the notice of many that a tribunal this week stopped (at least temporarily) the controversial Lamu coal project.
Many probably also missed the very dismissive refusal by the Petroleum CS John Munyes to divulge to Kenyans details of a contract signed between the Kenya government and several oil firms (led by Tullow Oil) prospecting in the Turkana region in which slightly more than Sh300 billion ($3 billion) funding will be released.
“You don’t have to worry about the details of the Heads of Terms because it has taken good care of Kenyans,” Mr Munyes is reported to have responded to journalists seeking details of the contract that is supposed to cover aspects such as cost recovery, fiscal review and tax incentives for the oil companies.
This pompous statement should have sparked outrage from Kenyans. Sh300 billion is a lot of money, just slightly less than the humongous amount the Chinese ripped off us for building the controversial Standard Gauge Railway.
CS Munyes, we have learnt not to trust you and your colleagues when signing off concessions on behalf of the citizens. We now want to know what it is being wagered and why. In fact, demanding to know is not a favour, but a right explicitly stated in Article 35 of the Constitution: “Every citizen has the right of access to information held by the state . . . The state shall publish and publicise any important information affecting the nation . .”
The fact that it took 15 months to negotiate this contract makes the secrecy even more ominous. Should the deal be a life-changing miracle for Kenyans, the more reason to give details of exactly what it promises to do, but also what burdens it places on the public in case of breaches.
The tribunal that stopped the Lamu coal plant held that the National Environmental Management Authority (Nema) issued an all-clear licence for the project without following the law. More specifically, it was faulted for omitting engineering plans and other key facts of the project from public participation. Put differently, the public was not fully apprised of the implications of the project, which, as it transpired in the ensuing legal battle, could have far-reaching deleterious effects on the environment and on the health of residents. That collateral cost was not worth the Sh200 billion investment being put in it.
The tribunal must be commended for doing the right thing. In all certainty, however, the saga is far from over as a contract had been signed and it is likely the investor will trigger the compensation clause for breach, in which a couple of billions may be paid for a project that may not materialise.
Rather than wait for oil companies to squeeze unconscionable concessions from plaint government negotiators, Mr Munyes should table the Head of Terms that were signed to allow exploration and exploitation of oil in the Turkana region. To claim that these are state secrets in which our “interests have been fully protected” is an extreme display of ignorance and patronizing arrogance.
Tom Mshindi is the former editor-in-chief of the Nation Group and is now consulting. [email protected], @tmshindi
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