Sasha wrote:First of all, I am a shareholder of KK and I want as much as the next person for KK to win all these battles! But I feel that they are fighting a losing battle on all fronts.
1. There is no doubt of the inefficiencies at KPRL and KPC, and KK may have lost business as a result of this. Why then have the other OMCs not been enjoined in the case? Is it only KK that has lost business because of these inefficiencies? Issues of locus standii emerge here!
2. If a commuter was travelling in a matatu, and the matatu was being driven carelessly and slowly, does that commuter have the right to refuse to pay the fare while all other commuters pay? As such, does KK have the right to refuse to pay the new rates while other OMCs are paying the same rates?
I just wish they would settle. KK to pay the outstanding fees in steeped payments, a new processing agreement is signed, and business returns to normal!
1) The other OMCs (Shell & Total) have complained but only KK went all out to challenge the crooks at MoE, KPRL, KPC. Kenya does not have a Class Action suit tradition so even though the others may not be enjoined today, if KK wins, I bet they will go after KPRL using the basis of Precedent. Therefore KPRL (& by extension GoK) has a vested interest in not letting KK 'win' by any means necessary.
KK has Locus Standi since it will be 'harmed' if KPRL increases fees unilaterally & against the provisions in the Processing Agreement.
2) You have to be kidding. That is the stupidest analogy I have read!
When KarenGata Assoc said we will NOT pay Land Rates to City Council of Nairobi for lack (or poor level) of services, they were taken to Court. KA won even though 'all the others' including residents of Kilimani, CBD, Eastleigh, Parklands, Doonholm, Imara, etc were paying the Rates!
The Court agreed that since CCN did not fulfil its part of the 'Agreement' i.e. provide a minimum 'quality' of services, KarenGata need not pay the Rates.
KPRL has failed KK. Poor quality fuels (high sulfur). Low yields of White Oils. Supply bottlenecks.
You have the RIGHT to get off the matatu if you feel you do not get value. KK is happy to tell KPRL to f**k off! And they will if allowed.
Just coz everyone around you is jumping off a cliff does not mean you should. If you do coz they do, then it can only help the gene pool.
Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett