NAIROBI, Kenya – Kenya has successfully defended a multibillion-dollar international arbitration suit, marking a significant legal triumph.
In a statement seen by News 9 Kenya, Shadrack Mose, Solicitor General, disclosed that KU Railways Holdings Limited and RVR Investments (PTY) Limited (RVR) filed the claim against the Kenyan government in the London Court of International Arbitration (LCIA), worth more than USD 2 billion.
According to Mose, Rift Valley Railways Investments (RVRI) Limited and KU Railways Holdings Ltd (previously Sheltam Rail Company PTY) started the arbitration process in 2020.
“The claimants alleged that the governments of Kenya and Uganda had violated the Railways Concession Agreement and the Interface Agreement,” the statement reads in part.
These agreements, the solicitor general said, included the management, building, and operation of the now-defunct Rift Valley Railways line, a cooperative initiative between the two countries for the transportation of passengers and goods.
In a decisive ruling, the LCIA entirely dismissed the USD 2 billion claim, awarding costs in favour of the Republic of Kenya.
“This outcome not only upholds the integrity of Kenya’s legal and commercial commitments but also protects the Kenyan taxpayer from what would have been a staggering financial liability,” the statement further reads.
Who represented the Republic of Kenya in the case
News 9 Kenya has established that the defence was led by Shadrack Mose, Solicitor General, and supported by a legal team from the State Law Office, comprising:
Njeri Wachira – Senior Deputy Solicitor General
Allan Githaiga – Deputy Chief State Counsel
Charles Wamwayi, Sheila Mammet, Victoria Munyi, Anne Mulama – all Principal State Counsel
Elizabeth Wamocho – Senior State Counsel
Who represented Kenya Railways in the case
The Kenya Railways legal team also played a crucial role, represented by Stanley Gitari and Christine Macharia.
Kenya’s external counsel included:
Prof. Githu Muigai, SC (Lead Counsel)
Wambui Muigai, Dennis Nkarichia, and Nimo B. Adan – all from Mohammed Muigai LLP
Michael Sullivan KC of One Essex Court
Prof. Albert Mumma, SC of Prof. Albert Mumma and Company Advocates
Additionally, HKA Global served as Kenya’s financial and technical experts during the arbitration.
“We extend our sincere appreciation to the Honourable Attorney General, Dorcas A. Oduor, SC, OGW, EBS, for her steadfast guidance and invaluable support throughout the process. This win reaffirms Kenya’s resolve to uphold lawful governance, protect public resources, and maintain international credibility,” the statement reads.
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