Chinese Ambassador to Kenya Wu Peng has finally explained reasons why specific details contained in the SGR contract are still kept a secret.
While speaking to journalists during a Press Luncheon, the ambassador revealed that China could not disclose the details because of the country's commercial interest clause which was protected by the rule of law.
He further clarified that he did not know why the Kenyan government was yet to publish its details disclosing that he could only speak on behalf of China.
"I cannot say we agree or disagree with disclosure. I do not speak on behalf of Kenya. Obstacle to disclosing contract is commercial interest protected by rule of law which should be respected," he stated.
Speaking to Kenyans.co.ke, Nairobi lawyer, Apollo Mboya, explained that indeed there are clauses, which are different in various countries' laws, that can limit them from having some details of contracts availed to the public.
"You can only talk about that if you have seen that clause if they are saying that there is a clause that prevents them and Kenya entered into that.
"You cannot see certain contracts like military because if you see those ones, it can compromise the security of the state. So it depends on which contract," he stated.
President Uhuru Kenyatta had reportedly promised to publish the contents of the contract five months ago.
Peng also took the opportunity to address the issue of whether Kenyan assets had been used as collateral during the acquisition of the loan.
"None of Kenya's national assets has been mortgaged for the SGR loan and neither can any of Kenya's assets be seized by the Chinese. I discussed these issues with my colleagues in Beijing and with the banks," he assured.
