BY SAM ALFAN .
Director of Public Prosecution Renson Ingonga has ordered probe into alleged illegal discharge of diesel worth Sh17 billion that led to the arrest of businesswoman Ann Njeri Njoroge.
The DPP directed the Director of Criminal Investigations (DCI) Mohamed Amin to commence the probe immediately and forward the findings to his office.
“Pursuant to Article 157(4) of the Constitution, I hereby direct that investigations be carried out into the matter and the resultant police duplicate inquiry file forwarded to this office for perusal and advise,” DPP directed the DCI.
The businesswoman and her company Anns Import and Export Enterprise limited had written to the DPP over illegal discharge of the diesel fuel (EN59010PPM) from Messrs “Haigui”.
The vessel was in the custody of the Kenya Ports Authority, Kenya Pipeline Company and Galana Energies ltd.
“We are instructed to lodge a formal complaint with your good offices on the illegal discharge of Our Client’s petroleum by government agencies and officers as well as illegal detention of Our Client’s director,” the businessman said in the letter.
She added, “We believe the above actions constitute serious offences that warrant an investigation. Our Client has suffered losses of huge amounts of money. This is a matter of intense public interest and it continues to draw reactions and counter opinions with the risk of truth being distorted to the detriment of our client.”
Her lawyers further asked for urgent intervention with a view to bringing to account parties that may have been involved in the action.
Njeri maintained that her company company duly incorporated in Kenya as an international trading company dealing with commodities such as petroleum, minerals, and general merchandise and Nairobi, Kenya and in Dubai, United Arab Emirates.
Through lawyer David Chumo , she says she bought 100,000 MT of fuel using its Dubai based financiers through accounts held in HSBC Dubai which handled transactions relating to procurement of this consignment.
The fuel, she said, was entrusted to her for shipment to Mombasa or to any other destination that she wished to deliver.
The vessel named ‘HAIGUI’ (IMO 9505821) was loaded with 100,000 MT) of fuel as per Questionnaire (Q88) Report.
As an international trader, she was not registered as an importer with the Energy Petroleum Regulatory Authority (EPRA), she said.
As such, upon arrival of the vessel into Kenya’s high seas on 10th October, 2023, she travelled to Mombasa to market the fuel to willing buyers.
“While marketing the fuel, Our Client’s director had conversations with people linked to Galana Energies Limited which is one of the oil marketing companies handpicked to supply fuel to other oil marketers in the Government-to-Government (G-to-G) deal. Our Client’s director gave documentation of the consignment to the people linked to Galana Energies Limited,” says Njeri in the letter to the DPP.
While still marketing the petroleum, Njeri was informed on 4th November at the Kipevu Terminal that the fuel had been discharged without her authorization.
She reported the matte at the Kenya Port Police as she sought to stop the off-loading and discharge of the consignment into KPC pipeline. An OB Report number OB:21/04/11/23 was issued.
“Our Client’s director, on the advice of MP. Oscar Sudi, opted to seek audience with the Cabinet Secretary Ministry of Energy and Petroleum, Davis Chirchir. Our Client’s director, in the company of MP Oscar Sudi, visited Chirchir’s offices on 8th November, 2023. To Our Client’s director’s surprise, Chirchir told Our Client’s director to her face that the consignment in “HAIGUI” belonged to Galana Energies Limited and that it was part of the G- to-G fuel procurement framework,” the letter State.
While still shocked by the turn of events, Our Client’s director visited Sudi’s office the next day on 9th November, 2023 who then called the Director of Criminal Investigations Amin and requested him to listen to Our Client’s director’s ordeal with Kenya Ports Authority and Galana Energies Limited and give his advice.
“Our Client’s director proceeded to the offices of Directorate of Criminal Investigations on the same day 9th November, 2023 where she met DCI Amin, the Director of Criminal Investigations and Birech, the Director of Investigations Bureau and our Client’s director explained what had transpired with respect to the consignment and Amin asked Our Client’s director to record a statement at Mr. Birech’s office,” she says in the letter.
She adds that upon finishing recording a statement at Birech’s office, she was not let to go but was instead handed over to two individuals who vanished with her on the night of 9th November, 2023. It was not until the 13th November, 2023 when Anns’s director was released from a facility she was being held in and dumped at Nyayo Embakasi. Until now she has not been charged in any court of law.
According to the Ann’s letter, it appears that the concerned government agencies and officers may have been compromised to accept that the fuel shipped by by her was part of Galana Energies Limited’s quarter in the G-to-G arrangement.
Njeri was expected to appear before the National Assembly to shed light into the saga last week but she failed to turn after reportedly falling ill.
