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Investigations

Report: Lawyer Khayega Barclays Bank, Housing Finance, DTB, I&M Used In Laundering Kenya Pipeline Loot With MD Joe Sang Networth Estimated At Over Billion

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KPC MD Joe Sang

More details continue to surface in the light of megs corruption at Kenya Pipeline where taxpayer has been losing billions siphoned through unscrupulous deals made by officials and brokers. In the leaked intelligence report under, ‘KPC PURCHASE OF 2-ACRE LAND L.RNO 209/8618 –KSHS 653M’ the agents engaged in the looting of KPC have been named including the banks that were used in the fraudulent transactions.

The report questions why the valuer was changed from lands to NLC. Why KPC BOD made contacts with the NLC Valuer which shows clear conflict of interests. Why did the NLC valuer made contact with the lawyer(➢ The role of advocate Khayega based at Maendeleo House in the money laundering.) How the Eldoret based Advocate picked to transact as opposed to all the lawyers in Nairobi.(➢ Advocate Richard Cheruiyot is based in Eldoret under his firm Cheruiyot and Cheruiyot Advocates, how did he transact under Kimaru Kiplagat Advocates.)

Movement of money in directors and lawyer( Khayega) account in the period -Nov 2016 – Mar 2017. Deeper, the report flags➢ The role played by CS Charles Ketter in the process and how he was paid kshs 40m. ➢ The Role played by KPC MD Joe Sang and how he was paid kshs 20M. ➢ The role of KPC BOD Felicity, Faith, Neepe and ,Waome and what they got kshs 50M.

➢ The role of NLC to get a share of kshs 10M. In banks, the report lists; ➢ Barclays, DTB , Housing Finance & I&M as having been used in laundering the loot. Presumably, they overlooked anti money laundering policies.

In the deal, phones linked up in the piecing of events to prove relations ➢ Numbers on interest in the transaction .0732625777-0721625777-0791281749-0722310203-0716012150-07227414710722666317-0722530555-0722310277-0711440291 these will give a direct link to who got what in the deal.

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The role of company secretary in the process, evaluation and provision of legal opinion the report questions, it goes further to shed lights on Accounts of ARMCO Directors should be critically analyzed for bulk cash movements.

It was found that the Evaluation team were paid kshs 5M to give a favorable report through Soimo and CS-Gloria. Curiosity is heightened as to How the initial Valuation by KPC James Nyamongo of 320M was discarded and NLC approached to give a higher valuation.

The Role of Director Faith in the negotiation with NLC valuers. Was Faith an intern at Kimaru Kiplagat Advocates who were given the conveyance contract? Was Richard Cheruiyot Supervisor of Faith at Kimaru Kiplagat Advocate, the report flags.

Report recommends the following as persons of interests and beneficiaries who ought to be investigated;

1) CS Charles Ketter

2) Kpc MD Joe Sang

3) KPC Directors

4) KPC Company Secretary

5) Evaluation Team

6) Banks

7) Armco Directors

8) Advocate Richard Cheruiyot

9) Advocate Khayega

10) KPC Chairman John Ngumi

11) NLC valuers.

12) KPC James Nyamongo

13) Sharon Kisire

FIBRE OPTIC PROJECT KSHS 800M

The report notes that the best company with a bid of ksh 600M was disqualified and intimidated. It recommends a review of the evaluation process that will reveal how the highest bidder was awarded. It is indicated that scout Sh300M could have been lost while questioning who JV Partners named largely here were.

The evaluation team was paid ksh 10M to fix the tender process. The Evaluation committee chair Lamik Rotich made contacts with Express Automation –Piresh/Bill and (Mr Abdul 0731786444-0722887212 –Son of Hon Duale ) who was the JV partner.

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It is indicated that Cs Ketter and PS Andrew Kamau were paid kshs 100M, KPC MD Joe Sand got kshs 20M. GM Vincent Cheruiyot got 1M, GM Peter Jabon Mbugua who was later found with vague academic papers and dismissed got kshs 3M. The money lost was never recovered, KPC Chair John Ngumi secured kshs 20M. Report raises eyebrows as to why the lowest company was not awarded the contract.

Listed as persons of interest;

1) CS Charles Ketter

2) Hon Adan Duale son

3) Ps Andrew Kamau

4) KPC Chair John Ngumi

5) KPC MD Joe Sang

6) GM Vincent Cheruiyot

7) GM Peter Jabon Mbugua

8) Eng Lamik Rotich

VALVE AUTOMATION PROJECT KSHS 1.2B

Investigations questions why the tender was split and why SECO was recommended for the award and later cancelled. Rigel systems quoted $3.4M for what was awarded to coricom Ltd at $5.1M

Rigel systems ltd is an Italian company whose local agents Hawkeye ltd are based at Mayfair center. It’s the local agent who paid out kshs 60M to kpc MD and BOD. Coricom Ltd in owned by MERU Deputy Governor Titus Ntuchiu who has direct link to KPC board through Gregory mwenda the Husband of KPC Director Felicity.

Ceraph did the actual Job in the JV, While KPC made all payments to the broker Coricom Ltd who retained the commission and remitted the cost of actual works to Ceraph ltd FRED Okello 0722-735097.

Bank transactions from KPC –Coricom-Ceraph-KPC director Felicity can be clearly traced for all the payments. The contract should have been awarded for $3.4M to Rigel Systems Ltd but due toBOD pressure Ceraph/Coricom JV was awarded for $5.1M.

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RTGS transfers of ksh 100M can be traced directly to some of the KPC board Member and family members. Number of interest 0734891417, 0722131308 – 0715312312- 0722666317-0722957996.

KPC MD Joe Sang-Nephew Hillary Langat 0722957996 is the lead money collector for KPC MD whose phone contacts can be traced to all KPC supplier who have been paid or awarded contracts.

➢ He’s net worth is over a billion under KIMBELL INVESTMENTS Limited and LENKIM SERVICES LTD he hold the property on behalf of KPC MD JOE SAND

Persons of interest recommended by the report;

1) Board chair John Ngumi

2) Kpc MD Joe Sang

3) Titus Ntuchiu

4) Hawkeye local Agent Jomo

5) Hillary Langat.

6) Grecory Mwenda

7) Felicity Biriri

8) Fred Okello

9) Stella of Coricom ltd


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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.


Kenya Insights allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news, story angles, human interest stories, drop us an email on [email protected] or via Telegram
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