Ex-Kenya Airways boss Titus Naikuni has disregarded summons by the Ministry of Mining to have a case on unpaid land rates pitting Tata Chemicals with Kajiado County solved.
Naikuni is the Vice Chairman of the Board of Tata Chemicals, Magadi.
Mining Cabinet Secretary John Munyes had convened the arbitration panel following an order issued by former Kajiado High Court Judge Reuben Nyakundi in their dispute with Kajiado County Government over land rate arrears amounting to Sh 17 Billion.
Naikuni’s Tata Chemicals team kept off the arbitration process which Mr Munyes delegated to Principal Secretary John Omenge to chair.
The company officials failed to turn up for the last meeting with top County officials before the panel today at the Ministry Headquarters in Nairobi.
The meeting went on with the Ministry finalizing its hearing of the County Government’s side of the story.
Tata Chemical’s Executive Director Harish Nair wrote to the Ministry saying he was not available.
He did not, however, send any representatives.
A source at the Mining Ministry confided to Hot News that the Arbitration Panel will be in court to file its report of the arbitration process tomorrow, the day the 6 month timeline given by Justice Reuben Nyakundi lapses.
Justice Nyakundi has since left the Kajiado station and the report will be presented to the new Judge Chacha Mwita.
Tata Chemicals had applied in Court to have the County Finance Act invalidated so that they could evade the high taxes they are being charged.
The company argued it had not been consulted when the law was being enacted.
However, the County said that the company had indeed made a presentation in the public participation exercise.
The court ruled that the county was under no obligation to factor the company’s wishes in the Finance Act before presenting it before the County Assembly for approval and ratification.
However, Justice Nyakundi declared the Finance act as legally enacted, justifying the County’s claim on land rates and other levies form all investors.
When reached for comment, Naikuni rubbished reports that he had disregarded the summons.
“I am not bothered. It doesn’t bother me, and you can say anything you feel like saying. Write whatever you feel,” he said.
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