Funds meant for the day-to-day operations at the Kenyan High Commission in London have not been frozen.

Instead, they are being treated as being outside the scope of a freezing order that was granted by a London court over the High Commission’s assets in a Sh800 million debt case.

“We expressly confirmed to both the Attorney General of Kenya and the Kenyan High Commission in December last year that funds used for the operational expenses of the Kenyan High Commission were being treated as being outside the scope of the freezing order,” a faxed statement signed by Kirkland and Ellis International law firm said.

The law firm is representing Inspection and Control Services Limited (ICS) in a case filed against the Kenyan Government over a contract that the Ministry of Finance entered into with the Swiss firm in April 1998.

Under the terms of the contract, ICS was to provide pre-shipment inspection services to the government, which officials at the Foreign Affairs ministry insist were never rendered.

Freeze order

ICS, however, has dismissed the allegation saying the amount in question was properly assessed as due by an International Arbitral Tribunal after hearing witnesses and submissions from the Ministry of Foreign Affairs and the Attorney General. Kirkland and Ellis also denied that a freeze order over the assets owned by the High Commission had been lifted.

Responding to an article published in the Daily Nation last Thursday, the law firm said the freezing order could only be varied or lifted if an application was made by the defendant (the Kenyan Government), with notice to the plaintiff (ICS). “We have confirmed with the court and can categorically state that no such application has been made nor have we been notified of any such application,” the law firm said.