Contrary to the Government statement, Parliament was to merely endorse a decision authorities had already taken two months earlier to pay the Anglo Leasing claimants. In fact, the parties had agreed as early as March 28, to settle the sum. Kenya paid Sh1.4 billion of May 19, 2014, according to a statement by Treasury.
This followed Attorney General’s advice “on the need to enter into a settlement deed in the most favourable terms so as to avoid jeopardizing the issuance of the Sovereign Board”, according to minutes of meeting held on March 28, 2014. “(Claimant’s counsel) Mr Malik was informed that the Republic was prepared to settle the judgment through one single payment payable at the end of April 2014, as opposed to the two installments proposed in the last meeting,” according to minutes of a meeting between Kenya and the claimants, April1, 2014.
This meeting was attended by, among others Muthoni Kimani (senior deputy solicitor general), Felister Kivisi (Treasury), Muin Malik (First Mercantile and universal Satspace) In fact, the meeting of April 1, 2014, “was a follow up of the meeting of March 28, for the parties to agree on a settlement sum for the judgments in favour of the claimants and the terms of the settlement”, according to minutes of the meeting. And in a letter dated April 3 to the AG and Treasury Cabinet Secretary Henry Rotich, Malik wrote, thus “The Republic of Kenya shall pay the sum of $8,091,421 being the judgment debt to universal on or before April 24, 2014 … The sum of $10,679,685 shall be paid in full, without set-off, deduction or withholding …”
The AG and Treasury honcho countersigned the letter. On April 30, Jubilee MPs walked out on Rotich when his attempt to seek their backing over the payment hit a brick wall. “If they want to pay, let them go ahead … we will meet ahead,” said Nairobi Women Representative Rachael Shebesh. “They had their time in 2003 to 2007 while in 2008 to 2012 they went on retreat … we are telling the Executive, on this one can’t pay, won’t pay,” Mukurweini lawmaker Kabando wa Kabando quipped.
Four days earlier, on April 26, 2014, Deputy President William Ruto had assured the country that Parliament would have the final say on the way forward in settling bills. He trashed claims that the government planned to pay the billions to the firms linked to Anglo-Leasing projects. “We have not paid any single cent and we are not intending to part with any single coin in payment for dubious projects whose origin we don’t know about. We know there is a court ruling that the government pays Sh1.4 billion but we have said Parliament will have the final say on the matter,” said Ruto. (See also page …)
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