Wazua
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Rank: Chief Joined: 1/3/2007 Posts: 18,368 Location: Nairobi
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Gordon Gekko wrote:To take a line from the release above, "Today, 6th September 2010, at 13.00 p.m. we effected service of the Order and Pleadings upon KPRL MD, Mr. Raj Varma in his office on Chiromo Road, Westlands, Nairobi." So didn't they ask us to accompany them to Chiromo chanting 'Haki yetu' @slykat, I had proposed that they deposit the cash in court a while back, but obviously Segman doesn't read wazua..... There must be a reason why they have not done so. I will venture the Court in Kenya washed their hands off saying the Arbitration should be done under English Law. I am sure KK would not mind depositing the cash/bond if so required but it has to be allowed to do so. Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett
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Rank: Member Joined: 2/20/2007 Posts: 359
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VituVingiSana wrote:Gordon Gekko wrote:To take a line from the release above, "Today, 6th September 2010, at 13.00 p.m. we effected service of the Order and Pleadings upon KPRL MD, Mr. Raj Varma in his office on Chiromo Road, Westlands, Nairobi." So didn't they ask us to accompany them to Chiromo chanting 'Haki yetu' @slykat, I had proposed that they deposit the cash in court a while back, but obviously Segman doesn't read wazua..... There must be a reason why they have not done so. I will venture the Court in Kenya washed their hands off saying the Arbitration should be done under English Law. I am sure KK would not mind depositing the cash/bond if so required but it has to be allowed to do so. What am saying is that KK needs to split hairs and distinguish between contractual and regulatory requirements. To meet regulatory requirements they could have paid so their crude could be processed, thus they would be "more entitled" to seek compelling orders for non-processing. The dispute at the arbitrators will still be purely contractual and will take long, leaving the regulatory issue intact in local courts. The regulatory requirements take precedent!
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Rank: Chief Joined: 1/3/2007 Posts: 18,368 Location: Nairobi
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slykat wrote:VituVingiSana wrote:Gordon Gekko wrote:To take a line from the release above, "Today, 6th September 2010, at 13.00 p.m. we effected service of the Order and Pleadings upon KPRL MD, Mr. Raj Varma in his office on Chiromo Road, Westlands, Nairobi." So didn't they ask us to accompany them to Chiromo chanting 'Haki yetu' @slykat, I had proposed that they deposit the cash in court a while back, but obviously Segman doesn't read wazua..... There must be a reason why they have not done so. I will venture the Court in Kenya washed their hands off saying the Arbitration should be done under English Law. I am sure KK would not mind depositing the cash/bond if so required but it has to be allowed to do so. What am saying is that KK needs to split hairs and distinguish between contractual and regulatory requirements. To meet regulatory requirements they could have paid so their crude could be processed, thus they would be "more entitled" to seek compelling orders for non-processing. The dispute at the arbitrators will still be purely contractual and will take long, leaving the regulatory issue intact in local courts. The regulatory requirements take precedent! Ahhh... therein lies the rub! KK says that KPRL is bound law/regulations to process the crude but have refused to do so thus KPRL not KK are breaking BOTH the contractual & regulatory requirements. KK has said that it will ask the Kenyan courts to compel ERC to punish KPRL for not processing the crude. Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett
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Rank: Chief Joined: 3/24/2010 Posts: 6,779 Location: Black Africa
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Menwhile, the downtrend on the KK stock continues. GOD BLESS YOUR LIFE
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Rank: Chief Joined: 1/3/2007 Posts: 18,368 Location: Nairobi
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youcan'tstopusnow wrote:Menwhile, the downtrend on the KK stock continues. I like it.. a lot... coz I am a net buyer! I wish I had more cash on hand!!! Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett
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Rank: Veteran Joined: 10/11/2009 Posts: 1,223
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Sorry for this...but! If i have to borrow from my 4-page work contract, which has 32-page annex consisting of explanations of the legal jargon, my rights, my obligations, intellectual properties etc etc. It is also important to point out that, it also recognizes that disagreements MAY occur during the course of the contract in which case the law applicable will be of ( xyz) country and the proceedings will be in a language which i understand or translation will be provided for in case the proceedings are in a foreign language. ends I can not wake up one morning and say that i want the law of Tanzania or Malawi to be applied!!! What if KPRL has such a clause in its contract with its clients? History will not remember you for your IQ. It will remember you for what you did. “Genius is 1 percent inspiration, 99 percent perspiration.” Thomas Edison
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Rank: Veteran Joined: 6/17/2009 Posts: 1,627
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@BGL,i believe it had.And that is exactly the route KK has taken following Justice Koome's ruling.
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Rank: Member Joined: 2/20/2007 Posts: 359
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[/quote] Ahhh... therein lies the rub! KK says that KPRL is bound law/regulations to process the crude but have refused to do so thus KPRL not KK are breaking BOTH the contractual & regulatory requirements. KK has said that it will ask the Kenyan courts to compel ERC to punish KPRL for not processing the crude. [/quote]
I disagree. KPRL does not process crude for free. There is a contractual duty to pay for the processing, otherwise they can refuse on the basis of non-payment.
The ERC licensing condition to process 50% is on KK to comply with, not KPRL.
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Rank: Chief Joined: 1/3/2007 Posts: 18,368 Location: Nairobi
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cnn wrote:@BGL,i believe it had.And that is exactly the route KK has taken following Justice Koome's ruling. @BGL - I have no idea why The English Arbitration was chosen in the original contract but I will speculate that Kenyan arbitrators at the time were not familiar with the issues regarding such matters. If I understand it, KK went to a Kenyan court but was told (by Justice Koome) that the Kenya Court has no jurisdiction on the matter & to follow the Contract & go for an English Arbitrator... Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett
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Rank: Chief Joined: 1/3/2007 Posts: 18,368 Location: Nairobi
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Ahhh... therein lies the rub! KK says that KPRL is bound law/regulations to process the crude but have refused to do so thus KPRL not KK are breaking BOTH the contractual & regulatory requirements. KK has said that it will ask the Kenyan courts to compel ERC to punish KPRL for not processing the crude. [/quote] I disagree. KPRL does not process crude for free. There is a contractual duty to pay for the processing, otherwise they can refuse on the basis of non-payment.
The ERC licensing condition to process 50% is on KK to comply with, not KPRL. [/quote] KK has NOT refused to pay the CONTRACTUAL fee. It has being doing so thus saying " KPRL does not process crude for free" is not relevant. What KK has protested is the ADDITIONAL (Increased) charges levied without due consultation. Also KK has in principle agreed to pay more IF the efficiency of KPRL is enhanced to international standards. That fool who eats 2,500/- lunches at Serena wants me to pay 2,000/- from 320/- WITHOUT giving or guaranteeing me better service! Same story with KPRL & KK... Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett
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