Business & Money
Kenya’s Technoservice vs. Nokia: Court Upholds Arbitration Ruling
This ruling underscores the rising trend in Kenya’s corporate landscape, where arbitration is becoming the preferred method for resolving disputes. As businesses navigate complex contracts, increased reliance on arbitration may streamline conflict resolution and enhance market stability
:Court ruling favors Technoservice as arbitration against Nokia proceeds, shedding light on contract breach claims and the impact on Kenyan business
By Charles Wachira
In a significant ruling for the Kenyan business landscape, a local court on October 23, 2024 declined to intervene in the ongoing arbitration proceedings between Technoservice, a Kenyan telecommunications firm, and Nokia, the renowned global technology giant.
The decision stems from allegations of contract breach, with Technoservice seeking remedies for purported failures by Nokia to deliver on agreed terms.
Background of the Dispute
The dispute began when Technoservice accused Nokia of failing to meet specific contractual obligations in a partnership aimed at enhancing telecommunications services in Kenya. The deal was initially struck in 2021, with both companies optimistic about leveraging their strengths to improve service delivery. However, by mid-2023, Technoservice claims Nokia had unilaterally pulled out of the contract, resulting in significant disruptions to its operations and substantial financial losses.
Bulent Gulbahar, the Managing Director of Technoservice, articulated his frustrations in a statement following the court’s decision. “We entered into this contract in good faith, with the expectation that Nokia would uphold its commitments. Their failure to do so has not only harmed our business but has also jeopardized the quality of service we provide to our customers,” he asserted. Gulbahar emphasized that the arbitration process is crucial for resolving the issue and restoring the trust necessary for their ongoing partnership.
The Court’s Rationale
The judges’ ruling underscored the importance of arbitration as a means to resolve commercial disputes, emphasizing that the legal system must respect the parties’ choice to settle disagreements through arbitration. “Interfering with arbitration proceedings could undermine the integrity of contractual agreements and the trust that businesses place in these processes,” remarked Judge Anne Njeri, who presided over the case.
Another judge, Justice Michael Wanjala, added, “The court’s role is not to substitute its judgment for that of the arbitrators, especially when the parties have explicitly agreed to arbitration as their dispute resolution mechanism. The autonomy of the arbitration process must be preserved.”
Arguments from Both Sides
Technoservice’s legal team argued that Nokia’s actions constituted a breach of contract, warranting immediate attention from the court to prevent further damages. “The continued inaction from Nokia is unacceptable. Our client deserves a fair resolution to this matter without undue delay,” stated attorney Sarah Maina.
On the other hand, Nokia’s representatives contended that the arbitration process was already underway, asserting that it was the appropriate forum for resolving the dispute. “We believe that the arbitration will address Technoservice’s claims adequately, and we look forward to presenting our case,” said Nokia’s legal counsel, who emphasized the company’s commitment to fulfilling its contractual obligations.
Implications for Kenyan Businesses
This ruling highlights the growing trend in Kenya’s corporate environment, where arbitration is increasingly favored as a means of resolving disputes. As businesses continue to engage in complex contracts, the reliance on arbitration could serve to streamline conflict resolution and promote stability within the market.
Gulbahar expressed hope that the arbitration will lead to a resolution that not only addresses Technoservice’s grievances but also sets a precedent for future contractual relationships. “Our aim is not just to seek compensation but to ensure that companies like Nokia adhere to their commitments. This case is about accountability and the importance of maintaining high standards in business partnerships,” he concluded.
As the arbitration progresses, industry observers will closely monitor the situation, recognizing its potential to impact future dealings between Kenyan companies and multinational corporations. The outcome could redefine expectations and standards within the telecommunications sector and beyond, emphasizing the necessity of integrity and accountability in business operations.
Keywords:Technoservice:Nokia:arbitration:contract dispute:Kenyan businesses
Business & Money
Ethiopia Attracts $53.5 Million in Q1 Investments, Creates 8,700 Jobs
: Ethiopia attracts $53.5M in Q1 investments, creating 8,700 jobs. Growth driven
by reforms, with a focus on service and manufacturing sectors.
The Addis Ababa Investment Commission (AAIC) announced a promising start to the
2023/24 fiscal year, with 612 investors registering a combined capital of Birr 2.93 billion
($53.5 million) in the first quarter.
This reflects a 13% growth compared to the same period last year, signalling sustained
investor confidence despite economic challenges.
Speaking at a press briefing on November 30, AAIC’s Director of Communication,
Meseret Woldemariam, credited the growth to policy reforms and enhanced investor
facilitation.
“Our efforts to streamline investment processes and resolve bottlenecks are yielding
results. We remain committed to ensuring investors thrive in Addis Ababa,” she said.
SECTORIAL CONTRIBUTIONS
The majority of the newly licensed investors are in the service and manufacturing
sectors. The service sector includes hotels, tourism, and IT ventures, while the manufacturing
investments span electrical products, steel, wood, and textiles.
These investments have generated 8,707 jobs, comprising 770 permanent and 490
temporary positions created by newly licensed entities.
The AAIC has also initiated field monitoring visits to ensure operational readiness. “Our
team works closely with new investors to address challenges promptly, enabling faster
project rollout,” Meseret added.
CHALLENGES AND REFORMS
Investors continue to face hurdles such as foreign currency shortages and workspace
availability. However, the commission highlighted progress due to macroeconomic reforms,
particularly improving foreign currency access.
“We are actively collaborating with the Mayor’s office to address workspace issues
through professional support in rental solutions and operational guidance,” Meseret
explained.
Recent reforms in the National Bank of Ethiopia’s foreign exchange policy have also
been pivotal. In October, the central bank announced a 30% increase in forex allocation to priority sectors, a move welcomed by stakeholders.
EXPANSION PLANS AND PROJECTIONS
The AAIC aims to capitalise on the momentum, targeting Birr 15 billion ($274 million) in
investments by the end of the fiscal year. A new digital investment portal, launched in November, promises to reduce registration times by 40% and improve transparency.
“We are confident these initiatives will not only attract more investors but also deepen
the trust of existing ones,” Meseret concluded.
INVESTOR SENTIMENT
Prominent business leader Ahmed Yusuf, who recently launched a $3 million IT hub in
Addis Ababa, praised the commission’s efforts.
“The improvements in investor services and forex allocation are encouraging. We hope
to see more streamlined processes for licensing and operations,” he remarked.
As Ethiopia seeks to position itself as a regional investment hub, sustained efforts in
addressing investor concerns and enhancing infrastructure will be critical.
Business & Money
Ethiopia Eyes December Debt Restructuring After IMF Review
: Ethiopia’s December IMF review may unlock long-awaited debt restructuring,
crucial for economic reforms and stalled projects like the Koysha Hydroelectric
Dam.
Ethiopia’s much-anticipated debt restructuring prospects could gain clarity this
December, as the country awaits the second review under its four-year International
Monetary Fund (IMF) program.
The Extended Credit Facility (ECF), launched in August 2023, remains central to
Ethiopia’s economic reform and debt relief efforts.
Progress Toward Debt Treatment
Last week, Ethiopian authorities reached a staff-level agreement with the IMF tied to the
second review. A comprehensive report on this review is set for release in December, a month many stakeholders, including the National Bank of Ethiopia (NBE), view as pivotal for
advancing debt treatment plans.
“Debt restructuring stands at the centre of our reform agenda. With the report’s release,
we expect rescheduling talks to gain momentum,” said Habtamu Workneh, Director of
External Economic Analysis & International Relations at the NBE.
He added that discussions are focusing primarily on extending maturity dates for Ethiopia’s debts.
IMF Support and Engagements with Creditors
The IMF has provided Ethiopia with USD 2.5 billion under its current fiscal program,
offering critical support to the country’s macroeconomic stabilisation efforts.
In parallel, Ethiopian authorities have engaged with Eurobond holders and the Official
Creditors Committee (OCC).
A debt restructuring proposal was submitted to Eurobond holders in July 2024, following
key discussions in December 2023 and May 2024.
Additionally, a global investor update held on October 1, 2024, highlighted the nation’s
ongoing economic challenges and progress in creditor negotiations.
Shifting Debt Landscape
The government has reported improvements in its debt profile. Planning and Development Minister Fitsum Assefa (PhD) announced that Ethiopia had ceased relying on commercial loans and direct borrowing from the central bank.
She noted a significant drop in the external debt-to-GDP ratio to 13.7 per cent, though
the IMF’s Debt Sustainability Analysis, published in July 2024, pegged the ratio at 18
per cent as of June 2023.
External debt accounts for 45 per cent of Ethiopia’s total public and publicly guaranteed
debt, the report stated.
Financing Challenges Persist
Despite these reforms, Ethiopia’s financing challenges remain acute.
The government is seeking nearly USD 1 billion to complete the Koysha Hydroelectric
Dam project, which has stalled at two-thirds completion due to funding shortfalls.
The project is a critical component of Ethiopia’s development strategy, but its delays
underscore the broader fiscal pressures the country faces.
Expert Views on Economic Outlook
While Ethiopian officials are optimistic about the December review as a turning point,
analysts caution that real progress hinges on creditor consensus and the government’s
ability to implement reforms.
Critics have also raised concerns about inflated GDP growth figures, which they argue
may distort Ethiopia’s true debt sustainability.
Looking Ahead
The IMF review, coupled with Ethiopia’s active engagement with creditors, could mark a
a significant step forward in its quest for debt relief.
December will likely be a defining month for the country’s economic future, with broader
implications for its ability to attract investment and complete critical infrastructure
projects.
Business & Money
KCB Group Surpasses Equity with US$ 342.31 Million Nine-Month Profit
: KCB Group reports Sh44.5B ( US$ 342.31) nine-month profit, outpacing
Equity Bank. Learn about its 49% growth, challenges, and stock performance this
year.
KCB Group Plc has outperformed Equity Bank to cement its position as Kenya’s leading
lender, posting a net profit of Sh44.5 billion for the nine months ending September
This represents a 49% year-on-year growth, surpassing Equity Bank’s Sh37.5
billion profit during the same period.
Profit Growth Driven by Core Business Performance
The remarkable profit growth was fueled by higher earnings from both interest and non-
interest income streams. KCB’s diverse revenue base has been pivotal in maintaining
its dominance in the competitive banking sector.
Non-Performing Loans a Key Concern
Despite the impressive profit growth, KCB’s non-performing loan (NPL) ratio rose to
18.5%, compared to 16.5% last year. This increase highlights persistent challenges in
managing credit risk, with Chief Financial Officer Lawrence Kimathi acknowledging it as
a “pain point” for the bank.
KCB Stock Outshines Peers on NSE
KCB’s strong financial performance has translated into exceptional stock market results.
The bank’s stock has risen 78.8% year-to-date, making it the best-performing banking
stock on the Nairobi Securities Exchange (NSE).
Plans to Sell National Bank of Kenya
Earlier this year, KCB announced plans to sell its struggling subsidiary, National Bank of
Kenya (NBK), to Nigeria’s Access Bank. While Nigerian regulators have approved the
deal, it is still awaiting clearance from Kenya’s Central Bank. The sale aims to
streamline KCB’s operations and address losses at NBK.
CEO Paul Russo Optimistic About Year-End Performance
“The journey has not been without its hurdles, but our ability to walk alongside our
customers has driven our success,” said KCB CEO Paul Russo. He expressed
confidence in closing the year on a high note, leveraging improving economic conditions
across the region.
Key Figures at a Glance
● Net Profit: Sh44.5 billion (+49%)
● Non-Performing Loan Ratio: 18.5% (up from 16.5%)
● Stock Performance: +78.8% year-to-date
KCB’s strong performance underscores its resilience in navigating challenges and its
commitment to sustaining growth in Kenya’s banking sector.
-
Business & Money9 months ago
Equity Group Announces Kshs 15.1 Billion Dividend Amid Strong Performance
-
Politics3 months ago
Fred Okengo Matiang’i vs. President William Ruto: A 2027 Election Showdown
-
Politics2 months ago
Ichung’wah Faces Mt. Kenya Backlash Over Gachagua Impeachment Support
-
Politics5 months ago
President Ruto’s Bold Cabinet Dismissal Sparks Hope for Change
-
Politics6 months ago
Kenya Grapples with Investor Confidence Crisis Amid Tax Protest Fallout
-
Politics5 months ago
President Ruto’s Lavish Spending Amid Kenya’s Economic Struggles Sparks Outrage
-
Politics4 months ago
John Mbadi Takes Over Kenya’s Treasury: Challenges Ahead
-
Business & Money1 month ago
Meet Kariuki Ngari: Standard Chartered Bank’s new CEO of Africa. What’s Next?