• The DPP acknowledged receipt of the complaint from David Chumo Advocates on behalf of Anns Import and Export Enterprise Limited.
• The law firm said the fuel was entrusted to their client for shipment to Mombasa or to any other destination that the client wished to deliver.
Image: FILE
Director of Public Prosecution Renson Igonga has ordered for expeditious investigations into a complaint against illegal discharge of fuel by government agencies and detention of Ann Njeri, the businesswoman at the center of a contentious Sh17 billion oil consignment import.
In a letter dated November 23, the DPP acknowledged receipt of the complaint from David Chumo Advocates on behalf of Anns Import and Export Enterprise Limited.
He said probe is ongoing.
"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. Kindly expedite", Igonga said in the letter.
On November 20, the law firm acting for Njeri, the director of Anns Import and Export Enterprise Limited, said she bought 100,000 metric tonnes of fuel using its Dubai-based financiers vide accounts held in HSBC Dubai which handled transactions relating to procurement of the consignment.
The law firm said the fuel was entrusted to their client for shipment to Mombasa or to any other destination that the client wished to deliver.
It added that Njeri has business presence both in Nairobi, Kenya and in Dubai, United Arab Emirates.
The law firm said a vessel named "HAIGUI (IMO 9505821) was loaded with the 100,000 metric tonnes of fuel as per Questionnaire (Q88) Report.
"As an international trader, Our Client was not registered as an importer with the Energy Petroleum Regulatory Authority (EPRA). As such, upon arrival of the vessel into Kenya's high seas on 10 October, 2023, Our Client's director one Anne Njeri Njoroge travelled to Mombasa to market the fuel to willing buyers", the letter reads in part.
While marketing the fuel, the law firm claims Njeri had conversations with people linked to Galana Energies Limited which is one of the oil marketing companies nominated to supply fuel to other oil marketers in the Government-to-Government (G-to-G) deal.
The law firm also said the director gave documentation of the consignment to the people linked to Galana Energies Limited.
While still marketing the petroleum, Njeri received communication in November, 2023 that her vessel Hagui had been called to Kipevu Terminal for discharge without her authorization.
"This prompted our client's director to report at the Kenya Port Police to try and stop off-loading and doucharge of the to make a cresignmest into Kenya Pipeline Company pipeline. An OB Report number 21/54/11/25 was issued."
The letter adds that Anne Njeri on advice of Senator 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 Hon Oscar Sudi, visited CS Chirchir's offices on November 8, 2013. But to client's director's surprise, CS Chirchir told the director to her face that the consignment in Hagui belonged to Galana Energies Limited and that it was part of the G to-G fuel procurement framework," the law firm adds.
While still shocked by the turn of events, Njeri visited Oscar Sudi's office the next day on November 9, 2023 who then called the Director of Criminal Investigations Mohamed Amin and requested him to listen to her ordeal with Kenya Ports Authority and Galana Energies Limited and give his advice.
On the same day, Njeri is said to have proceeded to the DCI where she explained what transpired to the DCI boss.
However, the law firm claimed after Njeri recorded her statement, she was not let to go but was instead handed over to two individuals who vanished with her on the night of November 9, 2023.
"It was not until the November 13, 2023 when our client's director was released from a facility she was being held in and dumped at Nyayo Embakasi. To date, our client's director has not been charged in any court of law."
"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 law firm said in the letter to the DPP.
"We believe the above actions constitute serious offences that warrant an investigation. Our client has suffered losses of huge amounts of money."
The law firm adds that the matter is of intense public interest and it continues to draw reactions and counter opinions with risk of truth being distorted to the detriment of its client.