The Republic of Kenya has prevailed in an ICSID international arbitration case WalAm Energy Inc. vs the Republic of Kenya at the Washington based International Centre for Settlement of Investment Disputes.
The arbitration was filed by WalAm Energy Inc. a United States / Canadian geothermal company headquartered in Canada. The dispute relates to Suswa geothermal fields and was filed in ICSID in February 2015. The hearing took place in London in May 2018.
The Tribunal in an award dated 10th July 2020 thus decided as follows:
(1) All of WalAm's Energy Inc. claims are dismissed: and
(2) That WalAm Energy Inc. shall bear its own legal fees and expenses and the entirety of the costs of the arbitration.
WalAm shall therefore pay the Government of Kenya US$648,857.75 ( Kshs 70.067.637) corresponding to its share of the costs of the arbitration.
WalAm shall also reimburse 75% of the Government of Kenya's legal fees and expenses in the amount of € 3.586.039.28 (Kshs 441.082.797 ) and US$252.262.82 (Kshs 27.244.384.60)