RE: Kenya Permutations.....26 Jul 2023 10:38
It is in Kenyan law in the Petroleum act. So as long as Tullow don't default, if they don't approve the FDP, they'd have no choice but to pay something in the end. Although they would definitely dispute the amount. If the Kenyan government didn't pay or abide by it's own laws then they can forget about any future foreign investment and those oil blocks they plan to auction next year are worthless. It's probably a mute point though, as it certainly looks like they want to get that oil out of the ground.
http://kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=No.%202%20of%202019
53.
Dispute Resolution
Amicable Settlement
(1)
Except as otherwise provided in this contract, any difference or dispute arising out of or in relation to or in connection with this contract shall, as far as possible, be settled amicably. If any difference or dispute remains unresolved, either party shall have the right to serve upon the other party a detailed statement stating the issues in dispute. Within fourteen (14) days of receipt of the statement or other mutually agreed period, the Cabinet Secretary and the chief executive of the contractor shall meet to resolve the difference or dispute. Where no settlement is reached within thirty (30) days from the date of the meeting, either party shall have the right, subject to clause (2), to have such difference or dispute be resolved through arbitration in accordance with UNCITRAL arbitration rules adopted by the United Nations Commission on International Trade Law.
etc. etc.