OPEN LETTER TO THE DIRECTOR OF PUBLIC PROSECUTIONS, ON INTERFERENCE BY MR. AHMEDNASIR ABDULLAHI & OTHERS, IN THE INVESTIGATIONS RELATING TO PURPLE SATURN PROPERTIES LIMITED

The Director of Public Prosecutions,

                             

 

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1. We act for Purple Saturn Properties Limited (“Purple Saturn”), which has instructed us to address you on the above-noted matter.

 

2. In the recent past, there have been widely publicized reports in the media, attributed to Mr. Ahmednasir Abdullahi, imputing criminality in respect to the shareholders and directors of Purple Saturn and corruption on the part of the Directorate of Criminal Investigations (“DCI’’) on the above-noted matter.

 

3. Purple Saturn has traced the source of the claims to the letter dated 17^th September, 2015 from Mr. Abdullahi to you; the letter dated 25^th September, 2015 from the IG of Police to the DCI; letter dated 7^th March, 2016 from Mr. Abdullahi to you; your letter dated 9^th March, 2016 to Mr. Abdullahi; and your letter dated 15^th March, 2016 to the EACC.

 

4. Abdullahi’s two letters aforesaid are claimed to have been written on the instructions of Mr. Stephen Jennings and his associated companies, who claim to be the owners of Purple Saturn. Purple Saturn is the registered owner of property Land Reference Number 11288 (original No. 6772/3) (the “Property”). Mr. Abdullahi claims that his clients are citizens of America, Britain, New Zealand, Australia and Norway who have put their hard earned money in the Kenyan economy and in the Property, through Tatu City Limited and its foreign directors. He claims that his said clients sold the Property to Daykio Plantations Limited (“Daykio”) for Kshs. 3,500,000,000.00 but did not transfer it on account of interferences by Purple Saturn.

 

5. Abdullahi’s complaint is that the shares in Purple Saturn have been fraudulently transferred to third parties, with a view to enabling Mr. Nahashon Nyagah steal the Property from Mr. Jennings and his associated companies. Mr. Jennings is stated to have lodged a criminal complaint on these actions, against the shareholders and directors of Purple Saturn, their Advocates and Mr. Nyagah amongst others, on 3^rd August, 2015. Mr. Abdullahi further claims that the Government of Kenya, through the Director of Criminal Investigations is complicit in the theft. That he has information of State Officers recruited towards that end, whose identity he will disclose later, to the shock of many people in this country. He states that he has advised his clients to escalate their complaints with their various foreign governments, to put pressure on the Government of Kenya to act on the matter.

 

6. The Director of Criminal Investigations is accused of compromising the investigations on the complaint lodged by Mr. Jennings and of having commenced parallel investigations in respect to the complaint of Purple Saturn; to scuttle and water-down the potency of a file which Mr. Abdullahi claims, had recommended to you, the prosecution of the suspects in Mr. Jennings’ complaint. The Director of Criminal Investigations is alleged to have assembled a team of investigators, to suppress the complaint by Mr. Jennings. The said team is claimed to have manufactured false evidence including a false handwriting report, to sanitize and legitimize claimed second parallel investigations and recommendations.

 

7. The letter dated 7^th March, 2016 by Mr. Abdullahi further alleges that the Director of Criminal Investigations has received a bribe of Kshs. 50,000,000.00 and further, been promised 300 acres of the Property. The letter implies that the bribe was negotiated and paid by Mr. Nyagah on behalf of Purple Saturn.

 

8. The letter also claims that Mr. Nyagah and his team have manipulated the legal system and obtained Orders barring their prosecution on the issues arising out of Mr. Jennings’ complaint. Mr. Abdullahi further claims that your office has been roped in the scheme, with the result that the State Counsel in your office who had allegedly found a case for the prosecution of the suspects in Mr. Jennings’ complaint was abruptly transferred in unexplained circumstances. The said State Counsel is said to have been replaced by a State Counsel who represents you in the Petitions filed by Mr. Nyagah and others pending before the High Court. Your office is claimed to have exonerated Mr. Nyagah and his associates since they do not have a case to answer and instead and has recommended the prosecution of Mr. Jennings and his associates.

 

9. Abdullahi alleges massive interference in the investigations and appraisal of the investigations files by your office. He demands that investigations be carried out by the IG of Police on the Director of Criminal Investigations, in respect to the claims of corruption, bribery and abuse of office, that fresh investigations on the complaint by Mr. Jennings and his associated companies be undertaken and a freeze in toto, of any appraisal, analysis or recommendations of any kind in relation to the complaint by Purple Saturn only.

 

10. The position taken by Mr. Abdullahi, which has been extensively publicized in the press and social media, puts across an intentional, erroneous and false claim of ownership of Purple Saturn and the Property by Mr. Jennings and his associated companies. It also, misrepresents that Mr. Jennings made a complaint to the DCI which was countermanded and scuttled by a subsequent parallel complaint by Purple Saturn. Serious unfounded and unsubstantiated allegations of corruption, bribery and abuse of office are made. These claims require a reply, least they are taken as gospel truth, to the prejudice of those maliciously accused and Purple Saturn in particular.

 

11. We will set out the true and correct position on the identity of Mr. Jennings, his associates and associated companies, the ownership structure of the Property, the share structure and directorship of Purple Saturn, demonstrate the falsehoods in Mr. Abdullahi’s claims and finally indicate his interference with your office and certain officers within the DCI, with a view to achieving a sinister and unlawful goal to prejudice Purple Saturn and other individuals mentioned in the complaint dated 3^rd August, 2015 by Mr. Jennings.

 

12. Jennings is a citizen of New Zealand but spent most of his adult working life in Russia. He is a director of Tatu City Limited (“Tatu”) and Kofinaf Company Limited (“Kofinaf”), having joined the Boards of Directors in November, 2014. His alternate on the Boards is Mr. Robert James Reid, a British national. Mr. Nyagah is a director and the Chairman of the Boards of Directors of Tatu and Kofinaf. Messrs. Jennings and Nyagah are not shareholders of Tatu and Kofinaf. At the tail end of the group investment chain, the two and their respective partners, hold equal shares in Cedar IV Limited and Cedar Soc Limited, which are the registered majority shareholders of Tatu and Kofinaf respectively.

 

13. Kofinaf sold and transferred the Property to Purple Saturn on 4^th July, 2013 for Kshs. 748,839,000.00. The sale and transfer was duly approved by the Board of Directors of Kofinaf and Purple Saturn on 27^th and 23^rd June, 2013 respectively. Mr. Reid sat in the Board of Kofinaf and signed the agreement for sale. Mr. Jennings was not a director of Kofinaf at this point. Anjarwalla & Khanna Advocates (“Anjarwalla”) acted for Kofinaf and Purple Saturn in the sale transaction. They retained the original title for safe keeping, on behalf of Purple Saturn.

 

14. Purple Saturn is a public limited liability company. It was incorporated by Anjarwalla as a shelf private limited liability company and later sold to shareholders introduced to the transaction by Mr. Nyagah in June, 2013. Upto and until 26^th February, 2015, the shareholders of Purple Saturn were J.P. Lenouseuri, H.O. Obande, J.N. Njeru, J.W. Ngugi, J.M. Njanja, M.M. Magu and E.K. Kibiro, having acquired their shares upon transfer from the initial shareholders on 13^th June, 2013. N Njeru and J.W. Ngugi were directors, having been appointed on 13^th June, 2013. Anjarwalla acted as Advocates in the acquisition of the shares. On 27^th February, 2015, the above shareholders transferred their shares to S.O. Malaki, J.O. Obor and J.W. Gacoka. The former two directors resigned and were replaced by the three incoming shareholders.

 

15. On 3^rd March, 2015, Nara Company Limited was allotted 990 shares whilst F.J. Wanjiru, S.W. Wairimu and S.N. Wanyoike were each allotted 1 share in Purple Saturn. These transactions were preceded by a search conducted on the register of members and directors of Purple Saturn at the Registrar of Companies (“RoC”) on 26^th February, 2015. The transactions were approved by the Board of Directors of Purple Saturn in terms of its Memorandum and Articles of Association. The transactions were accepted and confirmed by RoC in a letter dated 13^th March, 2015.

 

16. Nyagah has no interest whatsoever, in Purple Saturn. Purple Saturn’s past and current shareholders and directors are individuals who are known to him. Some are his relatives, friends and acquaintances. Indeed, it is Mr. Nyagah who introduced them to the transaction leading to their acquisition of shares in Purple Saturn and the purchase of the Property. A full disclosure of these facts was given to the Board of Directors of Kofinaf when considering and approving the sale and transfer of the Property on 27^th June, 2013.

 

17. Jennings and Reid and the companies they claim to be associated with, have no interest whatsoever in Purple Saturn or the Property, contrary to the claims set out in Mr. Abdullahi’s letters. The two individuals and their claimed companies have never been and are not shareholders or directors of Purple Saturn.

 

18. On 27^th March, 2015, Anjarwalla presented to RoC several documents seeking to allot 993 shares of Purple Saturn to Galba Mining Limited (“Galba”) and to appoint Simon Kinyua Wamui, Margaret Wanjiru Mwangi, Sheila Kahaki Muya Muindi and Brian Kiondo Muya as directors of Purple Saturn. The return of allotment of 993 shares to Galba was indicated to have been signed by J.N Njeru and J.W. Ngugi who are also, indicated to have signed their resignation letters as directors on 12^th February, 2015 and also signed resolutions ratifying the allotment of 993 shares to Galba and the appointment of the four individuals aforesaid as directors in their stead.

 

19. The documents presented by Anjarwalla were rejected by the RoC on the suspicion that they were fraudulent and not authorized by Purple Saturn. The RoC notified Purple Saturn’s Advocates of the attempted fraud by Anjarwalla. Purple Saturn’s Advocates promptly notified the RoC not to act upon the said documents as the same were fraudulent.

 

20. On 14^th April, 2015, Purple Saturn’s Advocates demanded the release to them, of the original title for the Property from Anjarwalla as it was evident that the said Advocates were upto some mischief. There was no response or action on the demand. Instead, on 4^th May, 2015, TripleOKlaw Advocates acting on behalf of Kofinaf and Galba wrote to Purple Saturn’s Advocates demanding the reversal of the changes undertaken between 26^th February, 2015 and 3^rd March, 2015. The demand alleged that Kofinaf and Galba are the beneficial owners of the Property and the shares of Purple Saturn.

 

21. On 12^th March, 2015, Kofinaf and Galba filed c.c.c No. 230 of 2015 against Purple Saturn and others, seeking to compel Purple Saturn to honour an agreement dated 10^th December, 2014 for the purported sale of its shares and the Property to Daykio, a company associated with Mr. Titus Muya of Family Bank Limited. The agreement had been signed by Mr. Reid on behalf of Galba, mispresenting that Galba owned all the 1,000 shares in Purple Saturn and had the capacity to sale and transfer the shares and the Property to Daykio. None of the shareholders and directors of Purple Saturn signed the agreement nor were they aware of it until then.

 

22. Amongst the documents relied upon in the suit were those submitted by Anjarwalla to the RoC on 27^th March, 2015 and rejected on suspicion of fraud. It transpired from the documents filed in support of the suit that Daykio had fraudulently attempted to charge the Property to The Co-operative Bank of Kenya Limited, to secure a loan of Kshs. 3,874,500,000.00. Messrs. Jennings and Reid purported to appoint Mbugua, Atudo & Macharia Advocates to act for Purple Saturn when the company had its own appointed Advocates, in order that they could compromise the claim and complete the sale of the shares and the Property to Daykio. This conspiracy was thwarted when Purple Saturn filed documents in Court, demonstrating that it had acquired the Property from Kofinaf for valuable consideration and that it had not authorized the fraudulent sale thereof to Daykio or appointed Mbugua, Atudo & Macharia Advocates to act for it in the suit.

 

23. On 14^th May, 2015, Purple Saturn submitted to the DCI, the documents that had been presented by Anjarwalla to the RoC on 27^th March, 2015 for forensic analysis of the signatures which had been forged. A Forensic Document Examiner’s Report dated 13^th June, 2015 by the DCI confirmed that the documents were forgeries. Messrs. Jennings and Reid as well as Anjarwalla were notified of this exercise by the DCI and invited to participate in it but declined, threating the DCI with legal action.

 

24. On 19^th June, 2015, Purple Saturn lodged a criminal complaint against Amyn Mussa, Conrad Nyukuri, Brian Kiondo Muya, Simon Kinyanjui Wamui, Sheila Kahaki Muya Muindi, Margaret Wanjiru Mwangi, Hilary M.A. Orina and Robert James Reid on the documents lodged by Anjarwalla with the RoC on 27^th March, 2015. The individuals were accused of attempting to fraudulently alter the shareholding and directorship of Purple Saturn, transfer the Property to Daykio and create a charge over the property in favour of The Co-operative Bank of Kenya Limited. Two of the four individuals sought to be imposed by Anjarwalla as directors of Purple Saturn are the children of Mr. Muya. The two had, without any authorization or approval by Purple Saturn, signed the charge over the Property in favour of The Co-operative Bank of Kenya Limited, misrepresenting that they were directors of Purple Saturn.

 

25. On 2^nd July, 2015 and 3^rd July 2015, J.N. Njeru, J.W. Ngugi and Purple Saturn’s Advocate recorded their statements in respect of the complaint dated 19^th June, 2015. The two individuals indicated that the signatures in the documents lodged by Anjarwalla with RoC were forgeries and that they did not attend any meeting at Anjarwalla’s office on 12^th February, 2015, to approve the claimed sale of the Property and the shares of Purple Saturn to Daykio. They submitted their sample signatures to the DCI for forensic analysis. Mr. Amyn Mussa is one of the suspects who recorded a statement on 4^th August, 2015 after evading several summons to attend the DCI for interrogation on the complaint by Purple Saturn.

 

26. In two reports dated 28^th July, 2015 and 17^th September, 2015, the Forensic Document Examiner confirmed that the return of allotment dated 23^rd August, 2013, the resignation letters as well as resolutions all dated 12^th February, 2015, purporting to appoint the children of Mr. Muya as directors of Purple Saturn were forgeries. The two reports, tallied with the earlier report dated 13^th June, 2015.

 

27. We are aware that Messrs. Jennings and Reid were summoned to record their statements in the month of July, 2015, in response to Purple Saturn’s complaint of 19^th June, 2015. The two refused to write statements. Instead, the two acting together with Mr. Joseph Ngisa (OC IB) and Mr. Ezekiel Wanga Masake (CI), who had been procured by Messrs. Abdullahi and Evans Monari, conspired to commence parallel investigations in which the complainants in the complaint of 19^th June, 2015 by Purple Saturn, their Advocates, Mr. Nyagah and others were turned into suspects. Mr. Monari is a partner at Coulson & Harney Advocates, a firm that has been unilaterally appointed Company Secretary of Tatu and Kofinaf by Mr. Jennings. Their intention was to scuttle and suppress the earlier complaint by Purple Saturn.

 

28. It is noteworthy that the complaint by Mr. Jennings was made on 3^rd August, 2015, almost two months after the complaint by Purple Saturn on 19^th June, 2015. The complaint was accompanied with a purported Forensic Document Examiner’s report dated 9^th July, 2015, by Mr. Emmanuel Karisa Kenga, a civilian. The report contradicted the DCI’s report dated 13^th June, 2015 as was intended in the first place. It is a case where Mr. Jennings presented to the DCI a case he had investigated by himself, conducted forensic examination of documents and drafted charges against the suspects. He only required the DCI to endorse his actions for onward transmission to you. The complaint was copied to you.

 

29. On 4^th August, 2015, a day after the date of Mr. Jennings’s complaint dated 3^rd August, 2015, Mr. Mussa recorded his statement on the earlier complaint by Purple Saturn. The statement of Mr. Reid in support of Mr. Jennings’ complaint was made on 6^th August, 2015, at the offices of Coulson & Harney Advocates. Messrs. Jennings and Reid were being given preferential treatment courtesy of Messrs. Abdullahi’s and Monari’s connections. The statements of these two disclosed that a deposit of Kshs. 430,000,000.00 received by Anjarwalla from Daykio, on account of the purported sale of the shares of Purple Saturn and the Property had been paid offshore, to Messrs. Jennings and Reid.

 

30. The suspects mentioned in the complaint dated 3^rd August, 2015 by Mr. Jennings took objection to the parallel investigations and voiced their concern with the DCI. Initially, the suspects were told that the investigations on Mr. Jennings’ complaint were an internal inquiry within Purple Saturn’s complaint dated 19^th June, 2015 and that there was nothing suspicious to worry about. However, it was clear from inquires by the officer in charge of Mr. Jennings’ investigations, Mr. Wanga, that this was a parallel criminal investigation. When probed further, Mr. Wanga became hostile, unnecessarily authoritarian and stated that he had specific instructions from H.E. The President of the Republic of Kenya, the CS-Interior and Coordination of National Government, the IG of Police and the Director of Public Prosecutions to ensure the completion of the investigations and the arraignment of the suspects in Court by 24^th August, 2015. Mr. Wanga claimed that he had been summoned by the CS-Interior and Coordination of National Government, to the President’s office on several occasions, to brief H.E. The President on the status and progress of the matter for the reasons that Messrs. Jennings, Muya and Pius Mbugua Ngugi, were anxious to have the prosecution hastened.

 

31. Wanga and Samuel Wahome forced some of the suspects’ to sign statements drawn for them and rejected the suspects statements containing their own account on the matter. This fact is stated in the Affidavits of Messrs. Nelson Havi and Nyagah, sworn on 26^th August, 2015 and 2^nd September, 2015 respectively, in support of their Petitions to the High Court. The facts have not been denied by Mr. Wanga.

 

32. Wanga and Wahome continuously interrupted the officers assigned to investigate the complaint dated 19^th June, 2015 by Purple Saturn. It is intriguing that Messrs. Ngisa and Wanga had by 24^th August, 2015 concluded their claimed investigations and recommended the prosecution of the suspects in a record speed of twenty days. The statements of all fifteen suspects were recorded on 22^nd August, 2015 and the details thereof, published in the Star of 24^th August, 2014 courtesy of Messrs. Wanga, Abdullahi and Monari. The recommendation deliberately ignored all the facts and documents given by the suspects, which disclosed that Mr. Jennings’ complaint was baseless and an attempt to criminalize the claim in H.c.c.c. No. 230 of 2015.

 

33. On 28^th August, 2015, four days after recommending prosecution of the suspects, Messrs. Wanga and Wahome procured a parallel document examiners’ report, deliberately contradicting the two earlier reports dated 13^th June, 2015 and 27^th July, 2015. In their hurry to manufacture evidence, the two made the document examiner, Mr. Alex Mwongera (C.I), to contradict his own report of 27^th July, 2015. The accusations leveled in paragraph 11 of Mr. Abdullahi’s letter of 7^th March, 2015 can only apply to his clients, Mr. Wanga and himself.

 

34. The hasty, drastic and unreasonable conduct of Messsrs. Wanga and Wahome prompted all the suspects in the complaint by Mr. Jennings to seek Court intervention in respect of which they were granted Orders by four different Judges, restraining their prosecution. The claim in Mr. Abdullahi’s letter of 7^th March, 2016 that the Orders were procured “Kenyan style” implies that all the four Judges were compromised. That is Mr. Abdullahi’s standard response whenever he loses a case.

 

35. It would have been foolhardy of the suspects in Mr. Jennings’ complaint not to take remedial action as they did, in light of the high name-dropping of State Officials, claimed by Mr. Wanga to have been behind his actions and the blatant and obvious interferences in the investigations. Mr. Abdullahi has also, been interfering in the hearing of the Petitions, demanding that the same be summarily dismissed and the Petitioners charged.

 

36. Wanga consulted and shared the investigation details with Mr. Abdullahi, who in turn widely publicized the same in several local dailies, the social media and the October, 2015 edition of The Nairobi Law Monthly Magazine, a publication owned by Mr. Abdullahi. The details were also, shared with Mr. Ian Kahiu Njage, a police imposter always seen in the company of the IG of Police. Mr. Njage is claimed to be the security consultant of Mr. Jennings and is usually sighted painting Police Stations under the claimed sponsorship of Tatu City Limited with the IG of Police. With this background and more to be detailed herein below, it is obvious why Mr. Abdullahi wants this matter handled by the IG of Police and not the DCI.

 

37. As at 17^th September, 2015, it was evident from the investigations in respect of the complaints dated 19^th June, 2015 by Purple Saturn and 3^rd August, 2015 by Mr. Jennings, that it was Messrs. Jennings, Reid and their associates as well as the children of Mr. Muya who were criminally liable. It is at this point that Mr. Abdullahi commenced a formal written interference with the investigations, seeking the intervention of the IG of Police through Mr. S. Cheruiyot and the said Mr. Njage amongst others.

 

38. Abdullahi wrote to you, directing that you prosecute the suspects in the complaint dated 3^rd August, 2015 by Mr. Jennings. For whatever reason, Mr. Abdullahi who was or ought to have been very well aware of the investigations against his clients, never addressed the earlier complaint dated 19^th June, 2015 by Purple Saturn. The letter by Mr. Abdullahi commenced the personal attacks on the Director of Criminal Investigations, alleging that he was protecting the suspects in the criminal complaint dated 3^rd August, 2015 by Mr. Jennings. These claims have been sensationally publicized by Mr. Abdullahi in the local dailies, the social media, on his twitter handle as well as in The Nairobi Law Monthly. For the record, the Director of Criminal Investigations has not given any such protection nor received any bribe from or on behalf of Purple Saturn. Mr. Abdullahi should stop his shadow boxing and disclose the so called individuals recruited in the corruption syndicate, whose identity he claims will “shock people in this country.”

 

39. On 25^th September, 2015, the IG of Police took the bait from Mr. Abdullahi and demanded that the file in respect of the complaint dated 3^rd August, 2015 by Mr. Jennings be submitted to him within seven days. Clearly, this is an indication of the consistent interference in investigations by Mr. Abdullahi.

 

40. We are aware that on 7^th October, 2015, the DCI forwarded a report in respect of the complaint dated 19^th June, 2015 by Purple Saturn and 3^rd August, 2015 by Mr. Jennings to the IG of Police, notifying him that the files had been forwarded to you for action on 25^th September, 2015. There have been no responses from the IG of Police and you, on the issue. It would appear, very strangely, that you have not acted upon the two files since 25^th September, 2015. You only sprang into action upon receipt of the letter dated 7^th March, 2016 by Mr. Abdullahi.

 

41. Abdullahi’s letter of 7^th March, 2016 is a further indication of his interference with the investigations by the DCI and an attempt to direct you on how to deal with the matter, contrary to your constitutional mandate. In your response dated 9^th March, 2016 to Mr. Abdullahi, you rightfully told him that:-

 

“For the record, the two files you complain about are presently before me for my personal perusal and appropriate directions. No decision has been made in the matter yet. A decision on the same, like in all other cases, will be based on the evidence and the law. If your client is innocent of the allegations made against him, then he has nothing to worry about. However, if there is evidence of criminality on his part, then he will face the law. That applies to any of the other parties involved in the matter.

 

As for the allegations, insinuations and/or innuendos you make about my office and/or my officers, (see paras. 13, 14, 15 & 16 of your letter) the same are utterly without basis. Further, and with tremendous respect, it is not for you to direct this office on how it should do its work.”

 

42. Your letter communicated the correct position in law. Mr. Abdullahi went mum on this letter and did not publicize the same. It is obvious that he did not find it appealing or exciting to his cause, to bring it to the attention of the public as he would have done on a response favourable to him.

 

43. The initiative for the Multi Agency Team (“MAT”) to review the complaints of corruption, bribery and abuse of office is most welcome. It will eliminate the false accusations leveled by Mr. Abdullahi, in order that the real issues in controversy are addressed and dealt with expeditiously. However, your letter of 15^th March, 2016, to the EACC is a sharp contrast to what you conveyed to Mr. Abdullahi in your letter of 9^th March, 2016 in which you stated that is was not for Mr. Abdullahi to direct your office on how to do its work. What facts have changed within a span of six days to warrant a decision diametrically divergent from your previous position, before a report is given by MAT?

 

44. It is not surprising that Mr. Abdullahi appears to have been speedily availed a copy of the letter, and promptly commended you on his tweeter handle as follows:-

 

“I strongly commend the professional manner DPP Tobiko SC has handled my client’s complaint against Muhoro & the investigation he ordered.”

 

“DPP Tobiko sets a very high standard of transparency & accountability and I say bravo.” 

 

45. The letter celebrated by Mr. Abdullahi is very alarming in its content. It is telling in its intended consequences. It makes a predetermined decision before the exercise by MAT, intended to inform the making of your decision is taken. It is appropriate to reproduce the following extracts thereof, pertaining to Purple Saturn:-

 

“V. By reasons of the said allegations, Mr. Abdullahi requests that I direct The Inspector General of the National Police Service to undertake a fresh investigation and also requests that I direct the Inspector General of the National Police Service to undertake investigations against the DCI

 

6. From my end, I shall appoint a new team of prosecutors to review and re-evaluate the files once they have been submitted.”

 

46. There can be no denial, despite your protestation to Mr. Abdullahi on 9^th March, 2016, that you have now succumbed to his demands and directions, whilst he commends and cheers you on in the social media and his twitter handle. He has gone to press with praises for you, abusing and attacking the DCI and others mentioned in his letters. Nothing would demonstrate more, the attempted interference by Mr. Abdullahi with the independence of your office and the performance of your functions and exercise of your duties as envisaged in the Constitution.

 

47. What is more, we read the existence of an unnecessary superiority contest between your office and that of the DCI, cheered on by Mr. Abdullahi. In his letter of 7^th March, 2016 and the February, 2016 edition of The Nairobi Law Monthly, Mr. Abdullahi in his assumed knowledge and authority over everything and everybody, dictates and directs the removal from office, of the Director of Criminal Investigations on account of this matter and several other unsubstantiated claims detailed in the publication. In your letter, you have fallen short of calling the DCI a suspect, the same thing that Mr. Abdullahi has been doing in the press. Our clients should not be the collateral damage in your power struggles, which evidently is impacting on your ability to deal with this matter impartially.

 

48. It has become common practice for Mr. Abdullahi to allege corruption, abuse of office and bribery of public officers whenever the course intended by him seems lost. This is one such case. The allegations of corruption and bribery impact negatively on our client and the various cases pending in Court on this and other related matters. It also, impacts very negatively on the entire administration of justice and paints a grim picture to the world. The sum of Kshs. 50 million is the standard remuneration for which Mr. Abdullahi has drafted for all matters concerning Purple Saturn and Mr. Nyagah. A similar allegation was made in c.c.c No. 46 of 2015 and relied upon by Messrs. Abdullahi and Jennings to seek the disqualification of the trial Judge, the Court having stopped attempts by Mr. Jennings and his associates to take unilateral control of Kofinaf. It is now time that Mr. Abdullahi is directed to prove and substantiate the claims of bribery in this matter, or be held criminally liable for giving false information.

 

49. Abdullahi is not as clean as he may present himself to be. He faces several criminal complaints and investigations before the DCI, for forgery and fraud, which he has used his connections to suppress so far. One such complaint relates to his forgery of the signature of the late Mr. Peter Simani, in the Certificate of Completion of pupilage dated 26^th November, 1992, which he falsely relied upon to get admitted as an Advocate of the High Court. He has compromised and suppressed several complaints lodged against him with the Law Society of Kenya and the office of the Chief Justice on this issue. The ongoing investigations on the issue by the DCI could explain his current anxiety and discomfort with that office.

 

50. In the instant matter, it would be in the interests of justice that Messrs. Abdullahi and Jennings as well as Mr. Nyagah be summoned to record statements on the claims of bribery. It is our legitimate expectation that you will act with utmost speed and ensure that this is done as soon as possible, in the same manner you have acted in response to Mr. Abdullahi’s complaint. It would be a dereliction of duty on your part, the DCI, EACC and MAT if this issue is not addressed.

 

51. It is clear from the letter of 7^th March, 2016 by Mr. Abdullahi as read together with your letter of 15^th March, 2016 to the EACC that there are recommendations by your office for the prosecution of Mr. Jennings and his associates based on investigations concluded by the DCI. There appear also, to be recommendations exonerating the suspects in Mr. Jennings’ complaint. It is surprising that the information in that regard appears to be known only by Mr. Abdullahi and his clients. Mr. Abdullahi also, appears to be the only one aware as to which officers in your office are seized of the matter, he seems to monitor what they have done on the same at every stage and has information on the same. Such a position indicates a gross abuse of administrative action on your part.

 

52. Your intention to act upon Mr. Abdullahi’s demands and appoint “a new team of prosecutors to review and re-evaluate the files” is confirmation that there are recommendations in your office in the manner claimed by Mr. Abdullahi, which you have not acted upon. The recommendations is public information which the shareholders and directors of Purple Saturn are entitled to, to enforce their rights in the pending Petitions. Articles 25, 35, 47, 48, 73 and 157 of the Constitution as read together with Sections 4 and 12 of The Fair Administrative Action Act, No. 4 of 2015 obliges you to give us the said information. Could we please, therefore, have this information as soon as possible, in any event, before 4^th April, 2016 when the Petitions in respect of this matter comes up for hearing?

 

53. We have, for good order, copied this letter to all state officers and foreign dignitaries to whom the letter of 7^th March, 2016 by Mr. Abdullahi was copied, as that action was intended to seek those officers’ intervention in his clients’ favour, on an otherwise private matter between Purple Saturn and Mr. Jennings and his associates, with a view to drumming up political and administrative support in aid of Mr. Jennings, a criminal out to disposes Purple Saturn of its Property and besmirch the good name and reputation of the investigative, prosecution and judicial departments of the Government of the Republic of Kenya. This letter has also, been copied to all persons copied in your letter of 15^th March, 2016 as there is an eminent possibility that the true and correct facts set out hereinabove may be deliberately concealed from them, in pursuit of Mr. Abdullahi’s sinister motives.

 

54. A bundle containing the documents referred to in our letter is enclosed only for ease of reference by you and the convener of MAT.

 

Yours faithfully,

HAVI & COMPANY ADVOCATES

 

Nelson Havi

(Advocate for Purple Saturn Properties Limited)

 

Cc.

1. E. Uhuru Kenyatta, President and Commander in Chief of The Defence Forces
2. E. Hon. William Samoei Ruto, Deputy President
3. Dr. Willy Mutunga, Chief Justice
4. Joseph Nkaissery, CS – Interior & Coordination of National Government
5. Joseph K. Boinnet, Inspector General of Police
6. Muhoro Ndegwa, Director of Criminal Investigations
7. Johnston Kavuludi, Chairman, National Police Service Commission
8. Macharia Njeru,Chairman, Independent Policing Oversight Authority
9. Halakhe D. Waqo, Secretary/CEO, Ethics & Anti-Corruption Commission
10. Robert F. Godec, US Ambassador, American Embassy, Nairobi
11. E. John Feakes, Austrian High Commission of Kenya
12. Stewart Laird Henderson, Honorary Consul, New Zealand Consulate in Nairobi
13. The Presidency, Executive Office of the President (Attn: Mr. Peter Kariuki)
14. Major Gen. (Rtd) Philip W. Kameru, Director General, National Intelligence Service
15. Alex M. Nandi, Interim Director, Financial Reporting Centre
16. Muthoni Kimani, MBS, Director, Assets Recovery Agency
17. John K. Njiraini, MBS,Commissioner General, Kenya Revenue Authority

 

 

 

 

 

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