Sh17bn Diesel Mystery: Chief Justice Koome, DCI Chief Amin in Legal Crossfire Over Missing Businesswoman

Lawyer David Chumo has taken legal action against the Directorate of Criminal Investigations (DCI) regarding the location of Anne Njeri Njoroge, a businesswoman associated with the importation of diesel worth Sh17 billion.

The case has been filed at the High Court in Mombasa where Chumo is seeking various orders, including the appearance of Ms Njoroge before the court. Chumo claims that Ms Njoroge has been in custody since November 9, when she visited the DCI headquarters in Nairobi to provide a statement about the disputed cargo. In the court document, Chumo argues that urgent action is necessary to prevent prejudice, harassment, financial loss, and the unlawful detention of Ms Njoroge. The lawyer is requesting a habeas corpus order which would compel Inspector-General of Police Japheth Koome and DCI boss Amin Mohamed to present Ms Njoroge in court.

The advocate is requesting the court to provide an explanation as to why Ms Njoroge should not be immediately and unconditionally released, without the need for any warrant or detention order. Alternatively, the advocate is asking the court to order the release of Ms Njoroge on bail or any other terms and conditions deemed appropriate by the court, by instructing an officer in the area where she is being held. Mr. Chumo desires the court to not only order the immediate release of Ms Njoroge, but to also acknowledge that her constitutional rights have been violated. Additionally, the lawyer seeks to prevent both the DCI and the Director of Public Prosecutions from prosecuting the businesswoman for the same offense.

Through her company, Ann's Import and Export Enterprise LTD, Ms. Njoroge has filed a lawsuit against Galana Energies Ltd, Kenya Ports Authority, and the Kenya Pipeline Company Limited regarding the cargo in question. According to the court documents, Galana Energies claims ownership of the cargo and argues that Ann's Import and Export Enterprises is not authorized to engage in the importation and supply of petroleum products in the country.

Ms. Njoroge informed the police that she had imported 100,000 metric tonnes of diesel which was loaded onto the vessel Haigui. The vessel carrying the goods traveled for approximately 15 days from Moscow, Russia to the waters of Mombasa. It passed through various countries including Azerbaijan, Turkey, Jeddah, and the Port of Ceyhan. According to her, Ann's Import and Export LTD is an international company that has offices in Kenya and Dubai.

Njoroge, as the sole director of Ann's Import and Export Ltd, has an account with LLC ALPHA-AAA YTBE)(AEHO MOSCO-RUSSIA. This account is used for the facilitation, loading, and transportation of petroleum products. She explains that as long as the account is active and she has placed an order, the company will handle the loading and transportation of the petroleum products to the specified destinations. As a supplier, she has always conducted business directly with governments and authorized local distributors.

On October 11th, the MT Haigui arrived at the Mombasa port, ready to unload its cargo. The vessel promptly notified the Kenya Ports Authority (KPA) of its readiness, even before the company had submitted the necessary paperwork to the Kenya Revenue Authority (KRA) and KPA. Galana Energies claims that the vessel was berthed on November 4th, but documents from Ann's Import and Export Enterprises show that the Ullage Report after loading is dated October 2nd. Galana Chief Officer Anthony Munyasya points out that the SGS analytical report, also dated October 2nd, describes the product as EN590, which is not specified in the Kenya Bureau of Standards Import Specification for diesel.

Furthermore, Galana's own documents indicate that the claimant's bill of lading and cargo manifest are both dated October 9th, which contradicts the October 2nd date on the ullage report. Two days later, at the Mombasa port, the chief officer confirmed that the captain of MT Haigui, Captain Dimitrios Stratakos, was presented with a copy of the bill of lading by the person making the claim. It was evident that the cargo mentioned in the bill did not belong to his vessel.