Wednesday September 18, 2024
Nairobi (HOL) — A new development has emerged in the ongoing legal battle between Somalia's embassy in Nairobi and a Kenyan construction contractor following the court's decision to uphold the embassy's bank accounts freeze.
A diplomatic source told HOL about the beginning of the connection between the Somali embassy and Kingsley Construction Limited, which sued the Somali government for breach of contract.
Former Somali Prime Minister Omar Abdirashid, former Somali Ambassador Gamal Mohamed Hassan, and other Somali government officials laid the foundation stone for rebuilding a new Somali embassy in Nairobi in 2015.
Members of the Somali business community in Kenya collected $100,000 to start the work, and Kingsley Construction Limited, owned by Indians, was awarded the contract. After a year, the Somali government went through elections, and the contractor company invested $300,000 in the rebuilding project, including the initial $100,000 from the Somali community, a diplomat told HOL.
The current President, Hassan Sheikh Mohamud, former Foreign Affairs Minister Abdusalam Hadliye, and high-level government officials visited the embassy in 2016 during Mohamud's first term in office. Images and diplomatic sources from the visit suggest that work was done to the property, despite others, including the former Ambassador to Kenya, indicating that construction was not fully completed during the President's visit.
Former Somali Ambassador to Kenya, Mohamed Ahmed Noor Tarsan, was appointed Somali Ambassador in 2018. In an interview with a local online media outlet this week, Tarsan refuted the claim that $300,000 was spent on the embassy premises.
"When I visited the embassy, I wanted to see it built, but I didn't have the funds," Tarsan stated. "I received a call from Fathudin Ali Mohamed, the current Somali Ambassador to Turkey, who told me that the embassy owed $200,000 to a construction company. However, when I asked to see the site, there was no progress. Upon inquiring about the contract, he mentioned that the community had held a meeting and awarded the contract to an Indian man," Tarsan stated.
The former Ambassador claimed that there was no visible work done by the company, claiming that not even 10% of the embassy had been built, despite diplomatic sources stating that it was nearly 80% completed. The sources added that Fathudin Ali Mohamed was a member of the Somali business community.
The current Somali Ambassador to Turkey, Fathudin Ali Mohamed, wrote on his Facebook that Tarsan's statements were intended to damage his name and reputation. "I am aware of the defamation and false accusations made by Ambassador Tarsan, intended to damage my name and reputation," he stated. "To protect my important role in the country, I consulted with national leaders and my personal lawyer. Knowing that Ambassador Tarsan's claims are entirely fabricated, I have decided to pursue this matter in court," he stated.
Tarsan asserted that he rebuilt the embassy with a new budget of $320,000, with $100,000 coming from the Somali business community and $220,000 funded by the former government of Prime Minister Khaire.
"Five construction companies, including two Somali firms, Kenyans and Indians, competed for the contract after the work was advertised. We selected the company that had little money to build the embassy. A beautiful embassy was built. With the community's support, we constructed a mosque and residence inside the embassy because I had been residing in a hotel for two and a half years. The community funded the mosque, while the embassy paid for the residence," he added.
2019, when the Somali embassy initiated the second rebuilding phase, Kingsley Construction Limited sued the Somali government for breach of the 2016 contract by blocking the contractor's access and failing to pay Sh25.6 million ($198,414). The court had previously ruled in favour of Kingsley Construction after Somalia's embassy did not mount a defence.
The embassy appealed the case, but earlier this week, Justice Alfred Mabeya of the High Court dismissed the application from Somalia's Attorney General, affirming that Somalia cannot use diplomatic immunity to evade legal responsibilities in commercial matters.