Blog Archive

Thursday, February 08, 2007

Plus ca Change, Plus c'est la Meme

TPSEA is a savvy tourism operator & its seems they have a valid grievance against some dodgy business carried out by some folks at KWS.... At least in today's Kenya, they can fight through the (inefficient) judicial system unlike dan "the idiot" moi's days in power.

My comments in RED....

Don’t revoke lease, firm urges court

Story by NATION Correspondent
Publication Date: 2/9/2007

A company permitted to put up lodges in Meru National Park stands to lose Sh500 million if its lease is revoked, a court was told yesterday.

They have taken possession of the land without proper documentation. They should not have spent substantial sums on the project!

In any event, so what? The lease was done in a back-handed manner!

Mara Landmark Ltd, through lawyer Githu Muigai, further told the Court of Appeal that the completion of the multi-million shilling project, scheduled to be opened next season, would be thrown in disarray if stay orders against it were granted.

“Your lordships, the orders being sought will have an adverse effect on the Sh0.5 billion investment my client intends to put in the park,” the advocate told judges Samuel Bosire, Erastus Githinji and Philip Waki.

Is the lawyer an idiot or a liar?

Does his client intend to put KShs 500 mn into the project or already has done so?

Lease agreement

Mara made the plea yesterday during the hearing of a petition in which the Tourism Promotion Services (TPS) is seeking to have the lease agreement with the Kenya Wildlife Service revoked.

However, TPS, which was not among the parties that tendered for the lodges, has challenged the award, saying the procedure was flawed.

Dropping bid

It argues that KWS deceived it into dropping its bid by indicating that the lodges would be built on a different site. It is appealing against a High Court decision not to hear its substantive application last year, only choosing to hear the company’s request for leave to sue. TPS argues that the two applications ought to have been argued together.

Why would KWS "deceive" TPSEA unless there was something fishy going on?

Lawyer Evan Monari, for TPS, said his client moved to the High Court after the Public Procurement Complaints Review Board locked out its bid to challenge the award, saying it was not party to the tendering process.

Apparently, TPSEA never bid for the project since they were interested in a specific area but were told that more desirable area was not on the table. Of course, then the KWS changed course...

The judges will rule on the matter next week.

KWS conceded that a formal agreement had not been executed with Mara, although the firm has taken possession of the sites in readiness for construction of the lodges.

,This does not pass the sniff test! Land grabbing of a different form... the firm that offers the best value should get the lease... somthing tells me it was not Mara Landmark!

I am glad the private sector is fighting back since it does decrease the likelihood of rip-offs...

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