Mombasa port was a security guarantee needed for Kenya to secure Chinese' SGR finances

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Opinion
Indebtedness to China raises questions about Kenya’s sovereignty
By Francis Karugu
Published: Jul 24th 2018 at 22:29, Updated: July 24th 2018 at 22:29

The tired cliché says that history repeats itself. At the tail-end of the 19th Century, an unholy assemblage known as the Berlin Conference was called by Otto Von Bismarck to decide how Africa would be divided among European powers. Soon after, over 90 per cent of Africa was occupied by Europeans who claimed ownership of lands and natural resources.

Some of these Europeans claimed that they had entered into sale and lease agreements with local chiefs. Perhaps the dubious nature of these agreements is best illustrated by the case of John Boyes, whose evidence before the Carter Land Commission of 1932 claimed ownership of Mount Kenya.

He claimed that Chief Wang’ombe Waihora, as leader of the Kikuyu who lived next to the snow-capped mountain, had sold it to him. Even though the Commission dismissed this claim, Boyes wasn’t any different from the pedigree settlers such as Hugh Cholmondeley, The Third Baron Delamere, and Colonel Ewart Grogan. The common denominator is that these settlers used the permission of local leaders to entrench their underhand acquisition of national treasures.

Wealth accumulation

Fast-forward today and the script is the same, where the plunder continues. The conspiracy today, however, is between the Chinese while the role of “local chiefs” has been taken by top political leadership whose raw capitalist wealth accumulation is music to the Chinese expansionist advances in Kenya. The Chinese have replaced the colonialists, in a slow, subtle but sure way that the level of entanglement and indebtedness that the “local chiefs” are mortgaging the country will be so hard to undo.

Just a few days ago, Senator Mutula Kilonzo Junior warned fellow senators that Kenya has become indebted to China in return for substandard projects whose socio-economic viability cannot be verified. To drive the point home, Senator Mutula mentioned the case of Sri Lanka, which has now ceded its most lucrative port to China. Struggling to pay its debt to Chinese firms, Sri Lanka formally handed over the strategic port of Hambantota to China on a 99-year lease in a deal that analysts have said threatens the country’s sovereignty. But the story behind the story is that just like Kenya; Sri Lanka took the bait when its politicians allowed expensive loans and commitments while dumping money into white elephant projects. This has now come to haunt them as the projects for which they borrowed cannot now finance their debt obligations.

There have been very many critics of Chinese activities, and their fervent lending to Kenya, with some of the projects they are funding raising eyebrows as to their commercial viability. Perhaps, the most talked-about project is the Standard Gauge Railway, whose main critic is world acclaimed, Oxford-trained economist Dr David Ndii, who has in very simple terms broken down cost and revenue structures of the Standard Gauge Railway.

Sounds surreal

By now, it is not a matter of discussion as to whether The Standard Gauge Railway is an economically viable project. What is worrying is the fact that the financing by China of the Standard Gauge Railway was secured by the port of Mombasa! It sounds surreal, but this is what Kenyans should know.

There have been many questions as to who did the feasibility study, in a process that was hurriedly put in place. The other question is, if the Chinese financiers were convinced of the viability of the Standard Gauge Railway, why did they cleverly demand that project be secured by the port of Mombasa? It is not an intricate equation to decipher that from the start; this was a vanity project whose other role was to be a cash cow. On April 2, 2017, the Standard’s headline read: “How President Uhuru Kenyatta snatched Sh500 billion SGR deal from Raila Odinga man.” It was public knowledge who the players in the deal were, and this sheds light on the top dollar dealings by political racketeers in the Chinese funded projects.

Probably, the SGR is only the tip of the iceberg of how deep the Kenyatta-Ruto administration has mortgaged Kenya’s sovereignty for the benefit of tender barons in their favour. As of the first quarter of 2018, Kenya’s public debt stood at Sh5 trillion, which is 66 per cent of our GDP. Much of that lending has come from China during the Kenyatta-Ruto administration. Kenya’s obligations to Beijing go much deeper than many ordinary Kenyans realize. China is now by far Kenya’s largest lender, accounting for 72 per cent of bilateral debt by the end of March, according to the Treasury. In distortion of finance language, it can be said that today China is the “biggest shareholder” in Kenya. The commercial viability of these Chinese-funded projects is highly doubtful and, like in Sri Lanka, it is just a matter of time before China comes to collect.

Mr Karugu is a management consultant (strategy and analytics) based in Nairobi.fkarugu@revamp.co.ke

Indebtedness to China raises questions about Kenya’s sovereignty
 
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China is the biggest shareholder in Kenya.. [emoji1]
 
Hapana, China is not shareholder of Kenya, China is the OWNER of Kenya by 66%.
 
Was it a project finance or corporate one? Why doesn't it have a limited recourse?
 
Bongolala always obsessed with Kenyan SGR.
By the time you complete yours in 2050, you will still be talking of Kenyan SGR.
 
Mwasema nini na nyinyi mlipeana yenu bure! Nyani hauoni Kundule...


Financial constraints have forced Tanzania to miss out on ownership of the $10 billion Bagamoyo Port and Special Economic Zone project.
Under a three-way partnership signed with Oman and China in 2013, Tanzania was to get an undisclosed shareholding in the project by dint of raising $28 million for compensating landowners who were to be displaced.
But the government managed to raise only $1.5 million and compensated a few of the 2,180 registered residents of the area earmarked for the project. There are other owners of large tracts who do not reside in the area and are yet to be registered for the compensation.
With investors anxious of losing the business opportunities envisaged from the project, the government is now negotiating with the investment partners for them to fund the compensation of land owners. In turn, the government will forego an equity stake in the project and only benefit from taxes on the land and occupancy by the investors.
Minister for Industries and Trade Charles Mwijage told The EastAfrican that the discussions with investment partners also revolve around the legal framework to ensure there would be no conflict between them and the Bagamoyo community.
China Merchants Holdings International (CMHI), a port management firm, is understood to be ready to raise money for the compensation. CMHI managing director Hu Jianhua said in a statement two weeks ago that the company would run Bagamoyo as one of its overseas ports.
“We had not abandoned this project. We were waiting to compensate the people whose land was taken for development of various business programmes,” he said.
CMHI said in its report that the Bagamoyo SEZ is part of its global investments. In Africa, the Chinese company has invested in Kenya, Ethiopia, Togo, Nigeria and Djibouti.

Dar surrenders Bagamoyo port project to Chinese
 
That's a long time story, the compensation has already been done, what they're doing now is a negotiations. Tukiwaacha wajenge bila negotiations means in the future the port of Dar will be unfunctional, as China and other countries would prefer Bagamoyo.
 
Bye Bye Port of Mombasa, Chinese have an agreement to mortgage it

Foreclosure of the facility has taken place. But my question is; was it a project finance or corporate finance? If project finance, why no limited recourse? Why not ring fence the revenue from the operation of SGR?
 

Bagamoyo port can't be compared to Mombasa port as it hasn't been built already! It is an investment i.e. we have let the Sovereignty fund of Oman and China Merchants Holdings International (CMHI) build on their own cost! Neither dar nor tanga nor Mtwara ports will be part of this as collateral. understand the difference.
 
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Foreclosure of the facility has taken place. But my question is; was it a project finance or corporate finance? If project finance, why no limited recourse? Why not ring fence the revenue from the operation of SGR?
Hard to tell, All revenue from SGR goes to a special account that has both Kenya and CRBC as signatories. No one touches that revenue, thats why Kenya has to cough a billion every month to run the day to day operations and pay salaries
 
Makes it simple for him, Tell him that the land is leased to the chinese to build whatever they want at their own cost and operate it. If they fail well too bad, lease must be paid still.
 
Makes it simple for him, Tell him that the land is leased to the chinese to build whatever they want at their own cost and operate it. If they fail well too bad, lease must be paid still.

A PPP project, they will pay a ground rent to GoT up when they recouped their invested capital. And the issue of land value capture will be featured in when setting base for negotiating the rentals.
 
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