The Office of Auditor General letter to Kenyan Ports Authority on the 16th November 2018 has said something striking, but nevertheless something I anticipated, because they stated a fact that everyone should recognize. That the Chinese is not giving toll-free loans without any collateral. In this instance is the loans for the Standard Gauge Railway, which have been a massive White Elephant and is just a doomed project from the get-go. Unless, the Jubilee are able to grow money on trees.
However, the letter from F.T. Kimani to the Ports Authority states that: “The payment arrangement agreement substantively means that the Authority’s revenue would be used to pay the Government of Kenya’s debt to China Exim bank if the minimum volumes required for consignment are not meet as per schedule one. The China Exim bank would become a principle in over KPA if KRC defaults in its obligations and China Exim bank exercise power over the escrow account security. The KPA assets are exposed since the Authority signed the agreement where it has been referred to as a borrower under clause 17.5 any proceeding against its assets by the lender would not be protected by sovereign immunity since the government waived the immunity on the Kenya Ports Assets by signing the agreement. The agreements is biased since any non-performance or dispute with the China Exim bank (the lender) would be referred to arbitration in China, whose fairness is resolving the disagreement may not be guaranteed. The authority did not disclose these guarantee in the financial statement” (Kimani, 16.11.2018).
If you read it, what it states is very clear, if the growing debt to China is not paid on time and defaulted, it means that the Port Authority has to give away its assets or collateral to the China Exim bank, as it is stated in its agreement. This is similar affairs happen in Sri Lanka and now is viable in Kenya. As the Mombasa Port might become an asset for the Belt Road of China to earn back their borrowed funds.
They Government of Kenya, should be worried about when signing the loans from China Exim bank, but they wanted the glory of the giant infrastructure project. Not the fiscal or financial responsibilities, if not the consequences of not paying back the funds. The Chinese has clearly safeguarded the investment with the fine print. Stating the assets of the Port Authority and by this. Securing a vital and important port in East Africa. As they got a nice piece, if the Jubilee starts defaulting or if the next President fails to live up to responsibility that Kenyatta made for him.
That the Kenyans should be worried, because the Chinese is not forgiving, when concerning their money. That is known, the public should know and should anticipate this. As this is a forewarning to the possible aftermath. That has been seen elsewhere and might come to shores close to you. Peace.
MinBane 