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Investigations

DP Ruto Fights To Save Weston Hotel From Set Demolition As KCB Panics Over It’s Involvement In The Money Laundering Saga

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Weston Hotel

Deputy President William Ruto is battling to save Weston Hotel from possible demolition.

The Kenya Civil Aviation Authority (KCAA) has written to the National Land Commission (NLC), alleging that Weston stands on its land, which was irregularly acquired.

Yesterday, Mr Ruto’s lawyer, Ahmednasir Abdullahi, appeared before the NLC at a sitting presided over by Vice Chairperson Abigael Mbagaya to defend the deputy president’s acquisition of the plot on Lang’ata Road.

He questioned the commission’s jurisdiction to determine the ownership of the land.

NLC had written to Weston Hotel Limited to appear before it to defend its land papers in reply to the KCAA petition. Ruto, Rachel Chebet Kimeto and Charlene Chelagat Ruto are listed as the hotel’s directors.

Mr Abdullahi denied that his client had acquired the land irregularly, saying no one had come forward to claim the property since it was acquired. He also said no complaint had been received from the State or any individual during the hotel’s construction.

“Our client is not aware of any allegations of fraud or misrepresentation against him in procuring the transfer and registration of the property. In any event, if such an allegation were made, it would be the duty of the person making such claims to prove it.”

Abdullahi told the NLC panel that Ruto acquired the land in 2007 for Sh10 million from its registered owners, Priority Management Ltd and Monene Investments Limited.

Residential flats

The two companies had been allocated the parcel of land measuring 0.7 hectares (1.7 acres) on January 5, 1998 for a period of 99 years to develop residential flats and apartments after paying a stand premium of Sh320,000.

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The companies got the certificate of lease for the land in 2002 before transferring it to Weston Hotel on June 13, 2007. Weston then applied for change of user, which was approved.

The hotel, according to a valuation report by Zenith (Management) Valuers Ltd, was valued at Sh300 million in May this year and had been charged to a bank for Sh1.2 billion.

On December 7, 2011, Ruto charged the property for Sh100 million, which was discharged on October 8, 2014. Ruto and Rachel signed the charge documents on December 8, 2011 as directors of Weston.

Ruto then charged the property to Kenya Commercial Bank for a Sh350 million and $1.5 million (about Sh150 million) facility on June 30, 2014. This charge was signed by Rachael and Charlene.

On July 8, 2015, Weston took a further charge of Sh700 million which was signed by Rachael and Charlene before lawyer Nancy W. Gitau. This took the total charge at KCB to Sh1.2 billion. All the charges were prepared by the law firm of Hamilton, Harris and Mathews (HH&M).

“KCB subsequently extended additional credit facilities to our client and as a result instructed HH&M to prepare further charge over the property, which was stamped and registered,” said Abdullahi.

He added: “Our client is a bona fide purchaser for value. If there is any defect on the title, our client was not aware of it. The allottee has a valid grant obtained from Government, on which was endorsed the transfer to our client.”

The lawyer told NLC to consider the legality of documents by Weston, saying the hotel directly employed 141 people with several hundred in indirect employment as suppliers and taxi operators.

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NLC wrote to Weston on October 8 explaining that it was carrying out inquiries on the circumstances around the allocation and registration of LR Number 209/14372 on Lang’ata Road.

The commission set October 31 as the date when both Weston and KCAA would appear jointly to defend their ownership claims.

But Ruto questioned the intention of the inquiry. He demanded to be given a copy of the formal complaint from KCAA, an explanation on how NLC reached the decision to conduct the inquiry, and any document the commission had about the land.

KCB lawyer Martin Muge asked the commission to be sensitive on the decision it took on the matter, saying it could have ramifications on the bank’s interests.

“In accordance to the Land Registration Act, the rights of the chargor (KCB) have an overriding interest over any land charged,” Mr Muge said.

Source


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Investigations

Lobby Group Wants Co-Operative Bank And Nairobi County Assembly’s Salary Deal Investigated With Corruption Red Flags Raised

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Nairobi County’s Assembly.

A concerned city resident, Kelvin Njihia has written to the anti corruption body EACC and DCI to launch investigations into widespread corruption and impunity cases at the capital’s county assembly.

In a letter addressed to the two bodies, Njihia claims  there are serious integrity and public trust issues within City Hall. He alleges that the County assembly has gone against the set threshold by Salaries and remuneration commission restricting members not be in more than four committees.

According to his findings, most senior members in the board and their allies, have occupied more than four committees thereby contravening the law. The petitioner want members of the assembly occupying the extra committees to be investigated and prosecuted over corruption and the impunity displayed. He lists top officials flagged in his findings including;

  • Elias Otieno Okumu- 7 committees.
  • Esther Waithera Chege- 6 committees
  • Abdi Ibrahim Hassan- 6 committees
  • Peter Wahinya Njau- 5 committees
  • Peter Anyule Mwatok- 5 committees
  • Juliet June Ndegwa- 5 committees

 

Rest of the list

Besides, the concerned citizen coalition want the assembly to be probed as to how salaries of the members is channeled through cooperative bank contrary to the SRC’s directive and s contravention of county and national laws.

The petition also noted that the suspended County’s assembly clerk Jacob Ngwele who’s out of office over miss appropriation of funds still executes official duties despite the court’s directive. Ngwele in what the petition claims to be a contempt of court, recently invited public’s participation in approval of Halkano Dida Waqo as County’s Chief Executive Officer for ICT in what is flagged as one of many suspicious appointments.

The questionable advertisement signed by Ngwele on Daily Nation.

Ngwele himself was illegally appointed into office and being investigated for the same. Petition also want the commission to speed investigations and findings following the impeachment of County’s Speaker Beatrice Elachi.

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They want the Ethics and Anti-Corruption Commission to give updates on the Majority leader of the Nairobi County Assembly Mr Ibrahim Abdi Hassan who had been summoned by the commission over the City Hall clash pitting members against Speaker Beatrice Elachi.

EACC ordered Hassan to appear at the Integrity Centre on September 12, 2018 to record a statement that will aid in the investigation of members’ conducts. He’s alleged to have conspired with members in wider plot to oust the speaker. According to the petition, Elachi was kicked out due to her lack of corporation in fraud schemes hatched by the board members.

Petitioner wants the DCI to dive in and investigate why the county’s salaries are being channeled through co-operative bank and not directly from central bank to individual’s accounts in what is read with suspicions.


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Investigations

FRAUD: Bungoma County’s Nzoia Water Services Board Sneakily Attempts To Impose Kennedy Wekesa Kilali As The MD

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Ag. MD Kennedy Wekesa.

Nzoia Water made an advertisement for open positions of Managing Director and Head of Internal Audit and Risk Management in daily nation dated October 23,2018 page 18 under anonymous company in western Kenya.

The following non conformities were noted which do not either conform with industry practices and approved operational HR Manual of the company as per the attached Advertisement:

1. The advertisement was only mentioning a leading water company in Western Kenya,excluding Kitale which falls in Rift Valley. Does it mean Kitale has separated from Bungoma and they have formed their own company? If not what is the effect of these on long term relationship with Trans-nzoia County?
2. The advertisement of MD’s position failed to meet the minimum threshold as per legal notice no.137 of 2012 which requires inviting the prospective candidates to have Masters Degree and registered members of respective bodies e.g  for Engineers should be registered with Engineers Registration Board(ERB) OR Institute of Engineers of Kenya ( IEK) and not Institute of Engineering Technicians (IET)  meant for Technicians who are lower cadre staff of the company.

The advertisement as it appeared on the dailies.

3. The requirements of chapter six was not observed in the advertisement which requires the prospective applicants to submit their chapter six compliance during the application as it forms part of shortlisting process and not to produce them during the interview.
4. The last advertisement through daily Nation were received without matching list from them,which resulted in most candidates who had applied not being shortlisted as their applications never reached the company’s offices. There’s no surety that the process will not be compromised in favour of specific candidates?
5. The Ag. Managing Director has failed to implement the inspection report by WASREB.(According to workers petition)
6. The advertisement should have been made either through the consultant or in the company’s name for it to attract competitive qualified candidates and not the way it is hidden as it is aimed to prevent competition and thus attract less applicants.
7. Therefore ,the recruitment process be stopped and the position be re-advertised in line with the above requirements.

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Investigations

Ruto And Duale Buys Off Biwott’s Air Kenya Limited As Attempts To Exempt The Duale’s From KPC Prosecutions Revealed

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Duale(L) and Ruto(R)

In Kenya, the more things change, the more they remain the same. Since the President intensified the fight and crackdown on corruption, we’ve witnessed arrests and ongoing prosecutions but at the same time, new scandals continue to crop up.

President announced a lifestyle audit on public officers and we’re yet to see the full implementation, however, we’re aware of ongoing money laundering schemes where ‘smart’ public officials including those in executive, are desperately laundering their ill acquired wealth before the lifestyle audit bell is hit.

Talking Of wealth, reports reaching Kenya Insights allege that DP and Duale jointly bought off Air Kenya Ltd previously owned by the late Biwott in what we’re told was a cool Sh1.8B deal sealed about two months ago. According to a source, the ownership is based on a 50/50 agreement between the two.

Air Kenyan is  now registered under Focus Aviation Mauritius and the Directors are Abdulaziz Aden (Duale’s son) and Adil Khawaja ( representing William).

Away from that, Kenya Pipeline is proving to be a hard not to crack for the DPP, for a parastatal with endless scandals, many have been wondering what’s taking Noordin too long to press play on his reggae playlist. But you’ll have to wait a bit longer, KPC comes with heavy political baggage.

Duale and Abdul Duale are heavily implicated in the KPC mess a detective source intimated to Kenya Insights. Joe Sang, the company’s MD who’s whole body deep in the murky scandal world will not go down without the Duale’s we’re told to show the levels of complexity in the case. Sources at DCI say that there have been open threats by the Duales and told that they had seriously invested in the government and that they are untouchable.

There’s a developing narrative that the DPP is delaying prosecutions yet the DCI have concluded their investigations on the KPC corruption. This one case that comes with political ramifications and questions are arising whether the DPP who happens to come from the same region with the Duale’s is hesitant on the consequences.

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”Touching Duale Family is a direct attack on WsR. That is a live wire.  Infact Dualle son Abdul is so close to Joe sang and Keter. DPP Knows touching that file is war.” Says a source privy to the investigations.

DCI uncovered transactions amounting to hundreds of Millions between Abdul Duale and Joe Sang’s cousin Hillary. When both parties we queried what the transactions were for they both claimed that it was not a crime to give money to friends.

“Chief architects of tender fixing at KPC are the Duale boys, they are so entrenched at KPC that even removing Joe Sang wont affect their activities.” Said another source speaking to KI. He continues, “KPC is a chess board for WSR and the Duale’s. At times they are united in Looting however sometimes they clash and fight bitterly when things don’t go their way. Duale’s are cunningly smart and share what they steal with management but for WSR its me, Myself and I. Thats what is going to finish WSR. His selfishness Unmatched.”

Abdul Duale is said to be the father’s right hand man. His finger prints all over state parastatals. At KPC they are involved in
1. Fibre- total was 1.8B
2. Devolution of KPC – 200M given to them. There was a big war between them and WSR over this.

3. Industrial area land was bought by a Company called Focus Logistics( Director is Abdulaziz Aden) at 150m and later sold to KPC at 600m 3 months later
4. Security consultancy. Awarded to Optilan UK and Black hawks eye (Aden duale and Abdul are Directors) value was 800m.

Mid November 2015 a meeting was called by One Abdul Duale ( Son of Aden Duale) at boma hotel. In attendance was Faith( Director KPC), Felicity Biriri( Director KPC), Joe sang (AG GM Finance then). The agenda was lack of control in KPC. The cartels had lost control as Previous MD Charles Tanui was sacked after Corruption allegations and his replacement was Mrs Florence.

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At this meeting of this 4 individuals a plan to oust was mooted. They had 2 Directors on their side already. Joe sang said he would convince Jerry and Neepee ( also Directors). The Kalenjins tasked Abdul Duale to Onboard John ngumi (Chair KPC) with whom they enjoyed a Cordial relationship.

A board meeting was subsequently scheduled 1 day before the Christmas holidays so that no eyebrows would be raised. In a Span of less than 1 hour Florence (Ag MD KPC) was ousted and replaced with Joe sang in Acting capacity. Mr Director kindly check the visitors book and Examine CCTV footage on 23Rd December 2015 at exactly 2:31 till 4:00pmYou will notice that Abdul Duale personally supervised the removal of Florence (Ag MD). Cctv footage from security will help you.

Abdul Duale was a close ally of Charles Tanui and often sat at the negotiating table for kickbacks on behalf of Tanui. When tanui left he became an orphan. Ag MD Florence had blocked all his contracts. Works were stopped and payments stopped also. He would visit Charles Tanui every other day probably to brief him on matters kickback.

After their successful mission to replace Florence the Cartel rejoiced and celebrated for days. Fast forward January 2016 Joe Sang os in office and alll cancelled contracts were reinstated. To begin with their was a Tender for Rehabilitation of the Nairobi – mombasa Pipeline that was awarded to The Duale family via Proxy during the Tanui Reign. It was Awarded to Center star Ltd. Amount was 490M. Florence (Ag MD) cancelled it after several issues were raised on the shell company.

The company had no experience for the sophisticated job that was to be undertaken. Mid January 2016 Abdul duale pushes for the reinstatement of the contract. Joe sang instructed the Mechanical team to reinstate it and he signed it off. A Kickback of 20M was delivered at Intercontinental Basement.
Distribution
joe Sang -6m
Faith and Felicity 6m
Legal – 2M

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The Cartel at KPC needed political protection and someone who also allowed them to eat unlike the DP who offered them protection but never allowed them to eat. DP would eat alone forgetting the team always. Political protection came via the Duale Family. Aden Duale and His son Abdul would protect Joe Sang from EACC, DCI and parliamentary Committees. In Return Joe Sang would be paying to the Duale family via Kickbacks.

The duales also provided the KPC cartel with money laundering options often charging them upto to 20% of the looted proceeds

1.Fibre Optic Cable

The Budget for this project was 300M. Joe sang gave instructions 6 months before the tender was advertised that this One belongs to Aden Duale. Duale and Son setup a Shell company and partnered it with JV of Express Automation.

All bidders quoted less than 300M including ZTE. Express Automation/white space quoted 880M. 500m Above the budgeted amount. The tender was marred by threats of deportation to ZTE from abdul duale if they ever appealed.

Beneficiary of the Kickbacks
Keter and PS – 100m
Joe Sang -20M
Lamek Rotich and Evaluation team -10m
Vincent Cheriyout – 1M

It will be a Futility if the political engines are not touched in cleaning up the KPC mess. As it stands, the political weight on KPC corruption continues to take toll as reports point at s conflict in the sense that both Ruto and Uhuru’s allies are swallowed into the multi billion theft at the oil courier. Kenyans are keen to see how the DPP will handle this case.


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