It was impossible for Kenya to wriggle out of the contentious multi-billion Standard Gauge Railway (SGR) contract, the Supreme Court heard.
Supreme court judges Philomena Mwilu (Deputy Chief Justice), Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung'u and William Ouko on Tuesday heard that China placed a condition that shielded the project from competitive bidding.
China is said to have dictated in its Memorandum of Understanding with Kenya that it would finance the project, but only if China Road and Bridges Corporation (CRBC) would be the main contractor.
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