Kshs. 104B Four Dams Contracts given to CMC di Ravenna must be cancelled … Under applicable FIDIC Contracts, we should have issued Termination Notice once the company filed for bankruptcy in Dec, 2018 …. Failure to terminate the contracts is Corruption & GoK shouldn’t pay.
— Donald B Kipkorir (@DonaldBKipkorir) March 1, 2019
TERMINATION NOTICE TO CMC di RAVENNA
Chief Executive Officer,
CMC di Ravenna,
48122, Via Trieste, 76
RE: TERMINATION NOTICE ON ARROR AND KIMWARER DAMS
As a resident of Moiben Ward that borders Arror Location, and land owner in Lelan Ward that is the water tower to Arror River, I hereby issue you with Termination Notice that my Government for unknown reasons Is fearing to issue.
The Contracts entered into by yourselves and our Government is FIDIC. FIDIC Contracts are detailed, specific and binding to contracting Parties and their respective Countries. We are lucky that Kenya and Italy are signatories.
The Contract provides inter alia the following:
i. That advance payment is a loan made pursuant an irrevocable Performance Security and is repayable.
ii. An Employer can terminate a contract when a Contract is declared Bankrupt or Insolvent or goes into Administration.
iii. Corruption Laws are applicable to all Contracts and where there is evidence of corruption, a contract is voided.
Pursuant above conditions, the contract came to an end on December 4, 2018, when you voluntarily filed for Insolvency/Administration/Bankruptcy in Ravenna Commercial Court. Your action doesn’t provide any room for review of the contract.
Further, there are credible rumors in Kenya that when we made the advance payment running into Billions (the sums vary from Kshs. 7Billion to Kshs. 21Billion), you wired back to Nairobi Kshs. 5Billion that was shared out by a few. This money was wired back for corrupt payments.
Under both FIDIC and International Commercial Law, the Arror & Kimwarer Dams Contracts became voidable on December 4, 2018 when you filed for Bankruptcy . Both Contracts became void the date you wired back money to bribe Kenyan Politicians and KVDA Directors directly and indirectly.
Pursuant FIDIC Contracts, I hereby issue you with 14 Days Termination Notice from this date. The Contracts Engineer will carry out measurements of any works you may have done and same will be credited to the Advance Payments you received. You are obligated to refund the balance.
NOTE that you are liable for any losses that were incurred by our Government in the two contracts including delayed benefit to my people.