Saturday, May 3, 2014

Refusing to pay Anglo-Leasing will keep investors away from Kenya

Warship KNS Jasiri  left Ribadeo port in Spain a few days ago and is expected to dock in Mombasa on August 27, 2012.

CORRESPONDENT | NATION Besides the ship, Jasiri, which docked in Mombasa in December 2012, it has not been possible to deliver the other equipment due to excessive political noise and negative publicity around the Anglo-Leasing contracts.   Nation Media Group


Oxygen is always in short supply in Kenya, what with the spiralling population and rising pollution.
When investors come to Kenya against their better judgment in an attempt to increase the quality of air by doing business with the government, they don’t expect to be frustrated.
Were Jubilee and Cord MPs as well as the legal fraternity and civil society aware of this, they would not give the Treasury a hard time over payment of billions for the supply of air.

More than 10 years ago, Anglo-Leasing and Finance Company arranged for Kenya to obtain loans to buy numerous pieces of security equipment including a ship, very small aperture terminal (VSAT) to connect all post offices, a radio communication system for the post office and the Administration Police, a forensic laboratory, a passport issuance system among others.

Not a single shilling was received by Kenya in loans,  and, according to the Controller and Auditor General, “[i]n practically all the supply/credit agreements, the government was in effect funding the financiers/suppliers to finance the procurement of goods and services due under the contracts while also paying interest and other financing costs to the same financiers/ suppliers”.

Besides the ship, Jasiri, which docked in Mombasa in December 2012, it has not been possible to deliver the other equipment due to excessive political noise and negative publicity around the Anglo-Leasing contracts.
Creating the impression of giving the government a loan is not easy and it must be paid for at a premium, quietly and quickly.

"OWNERS REMAIN UNKNOWN"
This is not unusual. Next year, the government will close the account for the loan to set up a fertiliser factory in Changamwe, after paying Sh5.1 billion to Ken-Ren Fertiliser Company, for a Sh50 million factory 30 years ago. The factory is in the imagination, but the money continues to be paid without anyone raising a stink about the faces behind it.

Similarly, when the government was setting up the mobile telephone giant, Safaricom, in 2001, it needed the technical advice of Mobitelea Ventures and agreed to give the company 10 per cent of shareholding in Safaricom. Its owners remain unknown, but only two years after Safaricom was listed on the NSE, Mobitelea sold its shareholding for Sh6 billion, having ventilated the market with clean air, and quietly departed without anyone attempting to unmask its owners.

In 2007, when the government was desperate to sell Telkom Kenya, it again obtained expert market advice from Alcazar Capital of Dubai to ensnare France Telecom to buy into the company. Alcazar was rewarded with 11 per cent shareholding, and should make a clean shilling for supplying air in a stuffy market when Telkom is sold off. No one has demanded to know the owners of Alcazar or what it provided to own 11 per cent of the company.

The newest round of demands to reveal names, firms and faces behind Anglo-Leasing-type contracts after they obtained court orders in Geneva and London for payment for supply of air can discourage investors from venturing into Kenya. Investors like to be guaranteed a certain level of anonymity when trading in an African country.

In the present case, Kenya should be embarrassed that for all its billing as a scandal, money was never lost in any of the Anglo-Leasing deals.
It cannot be right that Anglo-Leasing be maligned for so long without paying out any money. That is why Kenya’s lawyers refused to defend the claim for money in the London and Geneva courts.
kwamchetsi@formandcontent.co.ke

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