The Directorate of Criminal Investigations (DCI) has been sued over the whereabouts of Anne Njeri Njoroge, a businesswoman linked to the importation of diesel valued at Sh17 billion.
Lawyer David Chumo, acting for the missing trader, has filed the case at the High Court in Mombasa, where he is seeking various orders— including production of Ms Njoroge before the court.
According to Mr Chumo, Ms Njoroge has been in custody since November 9, when she visited the DCI headquarters in Nairobi to record her statement over the cargo, whose ownership has been disputed.
“It is in the interest of justice that this application be heard urgently and orders sought herein be granted to obviate the impending prejudice, harassment, irreparable financial loss and unlawful detention of Ms Njoroge,” Mr Chumo says in the court document.
The advocate wants an order in the nature of habeas corpus (a right in the Constitution that protects against unlawful and indefinite imprisonment) and directed to Inspector-General of Police Japheth Koome and DCI boss Amin Mohamed to either produce Ms Njoroge or her body in court.
Mr Chumo has also asked the court to order that Mr Koome and Mr Mohamed or their authorised representatives to appear in court with the original of any warrant or order of detention to show why Ms Njoroge should not be released forthwith and unconditionally.
Alternatively, the advocate wants the court to order any officer in the area in which Ms Njoroge is being held to release her on bail or on such terms and conditions as the court deems fit.
“Upon hearing and determination of this application, this court be pleased to order that Ms Njoroge be released forthwith. The court should also to determine that her constitutional rights has been infringed on,” said Mr Chumo.
The lawyer also wants the court to bar both the DCI and the Director of Public Prosecutions from prosecuting the businesswoman in relation to the same course of action.
Ms Njoroge through her company, Ann's Import and Export Enterprise LTD, had sued Galana Energies Ltd, Kenya Ports Authority, and the Kenya Pipeline Company Limited over the cargo.
According to the court documents, Galana Energies has laid claim to the cargo, noting that Ann's Import and Export Enterprises is not authorised to deal in importation and supply of petroleum products in the country.
According to Ms Njoroge’s statement to the police, she had imported 100,000 metric tonnes of diesel loaded on vessel Haigui.
She claims that the vessel loaded with the products took around 15 days from Russia Mosco to Mombasa waters through, Abzerbaijan Republic, Turkey, Jedda and the Port of Ceyhan.
She describes Ann's Import and Export LTD as an international company with offices in both Kenya and Dubai.
Ann’s Import and Export Ltd, where Njoroge is the sole director, has an account with LLC ALPHA-AAA YTBE)(AEHO MOSCO-RUSSIA for facilitation, loading and transportation of petroleum products.
“The operations of account are that as long as its active and I have placed my order, the company facilitates the loading and transportations of the petroleum products to the instructed destinations,” she says
As a supplier, she says her engagement has always been direct from government to government and to authorised local distributors.
“I have dealt with Kenyan petroleum market indirectly through distributors based in Dubai who after supplying to them, they export the same to Kenya. I have been supplying petroleum products to this companies based in Dubai for the last four to five years until recently when I decided to engage the Kenya market directly,” she says
However, Galana Energies which is being accused of laying claim to the cargo, has said the cargo in question arrived in Mombasa on October 11.
The vessel then issued a Notice of Readiness on the same day to KPA, indicating its readiness to discharge the cargo before the company submitted a cargo manifest— a certificate of conformity and import declaration form to KRA and KPA.
According to Galana Energies, the vessel was berthed on November 4 but documents produced by Ann's Import and Export Enterprises show that Ullage Report after loading is dated October 2.
"The analytical report by SGS is dated October 2. The report describes the product as EN590. I am aware that this is not a product specified in the Kenya Bureau of Standards Import Specification for diesel for use in the country," Said Galana Chief Officer Anthony Munyasya.
Documents by Galana indicate that the claimant's bill of lading and cargo manifest are both dated October 9.
"This is inconsistent with the ullage report after loading which is said to be dated October 2. These documents all ordinarily bear the date on which the consignment is loaded," said Mr Munyasya.
“MT Haigui bearing the consignment shipped by Aramco arrived at Mombasa port on October 11. It is not possible for a ship to have loaded at the port of Jeddah in Saudi to have arrived at the Mombasa port two days later.”
The chief officer has also stated that the Master of MT Haigui Captain Dimitrios Stratakos had been shown a copy of the bill of lading by the claimant and it was clear that the consignment referred to in the bill is not his vessel.
Galana has said that the claimant has failed to demonstrate the ownership of MT Haigui or that it is authorised to import refined petroleum products for sale in Kenya and transit market.
