Cortec boss says Balala lawyer ‘incompetent’

By FAITH KARANJA

KENYA: A company whose mining permit was revoked has challenged a decision by Mining Cabinet Secretary Najib Balala to hire a private lawyer to represent him in the court case.

Cortec Mining Ltd Tuesday filed an objection accusing Balala of flouting procurement rules, saying services of Senior Counsel Fred Ngatia were not sought competitively.

“Ngatia’s services were not procured competitively as required by Article 227 of the Constitution and the Public Procurement and Disposal Act 2005,” said Jacob Juma, Cortec Managing Director.

“An advocate other than the Attorney General cannot represent the Ministry of Mining and the Cabinet Secretary in the manner sought by Ngatia and Associates,” said Juma.

Fact and law

He said Ngatia was not lawfully authorised and could not competently represent Balala. Cortec argued that State organs have as a matter of fact and law been represented in court by the AG who is always mandated to appear on their behalf.

The senior counsel will have to file a response before the objection by Cortec is heard and determined. Cortec filed a judicial review after Balala cancelled its mining permit in July.

Balala said required procedures had not been followed in the issuance of the permits.

Cortec was licensed to mine niobium and rare earth metals at Mrima Hills, Kwale County, an area believed to contain minerals in excess of about Sh51 trillion (US$600 billion).

Justice Korir yesterday directed the parties to exchange filed documents and appear for hearing October 14.