An investment bank linked to the
Moi family is not under statutory
management, the capital markets
regulator has said.
In a statement, the Capital Markets
Authority (CMA) said it has asked
the firm to expedite resolution of
unmet contractual obligations to a
third party.
“CMA clarifies that Genghis Capital Limited is not under statutory
management but directs the firm to
conclude discussions on the unmet
contractual obligations,’’ the regulator said in a media statement.
This is after fake posts surfaced on
social media on Tuesday, claiming
that the firm had been placed under
statutory management for failing to
honour debt owed to South African
businessman, Auswell Mashaba.
The regulator said that operations
of the Genghis Unit Trust Scheme
are regulated under the Capital Markets (Collective Investment Schemes)
Regulations 2023, which require that
client assets are held by a custodian
in segregated accounts from those
of the firm.
The dispute stems from a
$2,265,000 (Sh293.08 million) loan
that Mashaba gave to Genghis on
January 25, 2017, with a 7.25 percent
interest rate.
This is the second time the regulator is coming to the aid of the
investment bank after the businessman instructed Moran Auctioneers to
seize and sell office items to recover
his debt late January.
The auctioneers were following a
High Court ruling of January 14 that
issued a 15-day notice to auctioneers
to sell the investment firm’s properties to recover the debt that has since
accumulated to Sh354.55 million.
CMA asked Genghis Capital to
create a roadmap on how the firm
intends to address the outstanding
debt owed to its stakeholders.
CMA also clarified that client
assets managed under the Genghis Money Market Fund and Mali
Money Market Fund are secure, as
they are held by a duly authorised
custodian and overseen by an independent trustee.
The firm is also facing a possible
auction over Sh355 million arising
from Safaricom’s Mali Market Fund.