The Kenya Defence Forces soldiers during a past function.
The drive into Kabete Barracks along Waiyaki Way, and the ensuing meeting on October 11, 2023 should have been the fruit of Michael and Kyle Nolan’s labour over several preceding months.
The two officials of Dagda Industries, a ballistic equipment supplier registered in the United Kingdom, had travelled to Nairobi from London the previous day to put pen to paper on two contracts – one supposedly with the Interior ministry and another with the Defence ministry.
In June, 2022, Michael visited Kenya’s Embassy in London and requested assistance with speaking to someone at the Ministry of Defence in Nairobi for inquiries on supplying Kenya with Dagda’s equipment.
At the embassy, a call was placed to Nairobi, and the person on the other side of the call introduced himself as an Interior ministry official. That person shared the contact of an individual, who would claim to be an army captain by the name Deckerd Zinoh.
Zinoh claimed he could help Dagda Industries get onto a list of pre-qualified suppliers, and almost immediately secure a contract.
The Nation could not establish the existence of an Army captain by the name Deckerd Zinoh.
By December, 2023, Dagda Industries had parted with $318,222 (Sh41.1 million) in purported legal and facilitation fees for placement on prequalification lists for military procurement.
Deckerd claimed that the equipment supplied would be used by police officers in Haiti, where a Kenyan contingent was part of a UN-backed mission to eradicate gangs.
On August 7, 2023 Dagda Industries received a letter by post purportedly from the Interior ministry. The letter was sent via DHL’s Panari branch along Mombasa road in Nairobi. The sender was indicated as Gerard Chiche. The document stated that Dagda Industries had been awarded a contract for the supply of 33,000 ballistic vests, 5,500 helmets, 10,000 shields and 5,000 medical kits.
The contract value was stated as $13,465,000 (Sh1.74 billion). The letter, signed by an individual identified as George Juma, indicated that the contract had to be signed within 30 days.
In a follow-up phone call a few days later, Deckerd claimed that the Ministry of Defence was taking over that supply deal, and that the contract needed to be signed.
Michael and Kyle travelled to Nairobi on October 10, 2023.
The following day at what they describe as Kabete military barracks, the Nolans watched two vehicles drive in, and eight soldiers disembark before opening the back left door of one of the cars for the man introduced as a Lieutenant-General.
KDF soldiers march at Uhuru Gardens in Nairobi during Madaraka Day celebrations on June 1, 2022.
The name of the man who identified himself as a Lieutenant-General is similar to that of a decorated senior officer, who served in the Army for over 30 years before his retirement.
We have not named the officer for legal reasons.
In one of the buildings, the Nolans signed four copies of the contract. The Lieutenant-General countersigned. In 30 minutes, they parted ways and the Dagda Industries officers flew back to London. The “General” was also added to a WhatsApp group created for the Dagda officials and Deckerd to communicate.
In December, the man claiming to be a military General posted on the WhatsApp group that all relevant signatures had been appended to the contract, save for a top National Treasury official.
On December 26, 2023, another receipt was issued to Dagda Industries after the firm paid $283,222 (Sh36.6 million). The receipt indicated that the funds were for “legal fees and facilitation”.
The “General” then claimed that the senior Treasury official had refused to countersign the contract, and was demanding a bribe.
“…He (the senior Treasury official) is not so friendly and thinks that your company has given me kickback [sic] and forgotten about him. That’s the reason I am taking this contract personally. So he wants his share to speed up things. But I told him I have nothing to offer. Maybe after the fast [sic] installment is made. Captain will brief,” the man claiming to be a General posted in the group.
'Blackmailing military officials'
Dagda Industries refused to part with more money and demanded a refund.
Deckerd demanded a processing fee for the refund, which Dagda Industries refused to pay.
When Dagda Industries said it would report the matter to police, Deckerd threatened to claim that the British firm was blackmailing military officials and sponsoring protests and a coup.
“…I will explain on [sic] our email tomorrow the way you have been pushing us to take your equipment and use them to overthrow government. You said we can use them to protect the youth during protests and even once you are paid, you will use part of that money to sponsor more protests in Kenya. Once we change the government, you will be the soul [sic] KDF supplier. We will state all that clear in the next email and response,” Deckerd posted in the WhatsApp group.
On February 16, 2024, Dagda Industries received another letter purportedly from the Defence ministry, which stated that and audit of the contract and circumstances surrounding it was being conducted. The letter directed Dagda Industries to stop dealing with Deckerd and the “General” and instead liaise with a Philip Ochieng. It also directed Dagda Industries to secure a performance bond to ensure that the refund is issued within 48 hours.
On February 21, 2024, Dagda Industries wrote to the Defence ministry, National Treasury, Deputy President and Attorney-General explaining what happened and seeking a refund.
After several reminders, the Defence ministry responded to Dagda Industries in an email on March 18, stating that it has no signed agreement with the British firm.
The ministry added that there was no existing contract with the reference number on the documents that Dagda Industries had signed.
Despite Dagda Industries writing to several government offices, no investigation has been conducted on the fraud syndicate.
The Defence and Interior ministries did not respond to the Nation’s queries over the fraud syndicates, which work with officials from the two institutions and get access to protected and sensitive offices.
All the phone numbers for Deckerd, the purported Lieutenant-General and the individual who mailed letters to Dagda Industries have been switched off on the several occasions over the last two weeks that the Nation attempted to dial them.
The script in the Dagda Industries saga eerily mirrors that in at least two other cases.
On February 13, 2020 the Directorate of Criminal Investigations arrested then Cabinet Secretary Rashid Echesa, Daniel Otieno, Clifford Okoth, Kennedy Oyoo and Chrispin Oduor Odipo in connection with an alleged plot to defraud Polish firm Eco Advanced Technologies.
The fraud scheme involved a supply contract for arms valued at Sh39 billion. The Polish firm’s directors were ushered into offices of then Deputy President William Ruto, and introduced to individuals posing as high ranking government officials.
One of the security officers on duty when the Polish firm’s directors were taken to the Deputy President’s offices, Kipyegon Kenei, was among individuals that the DCI intended to question.
An undated picture of late Sergeant Kipyegon Kenei, who was attached to DP William Ruto's office.
Barely a week after the initial arrests, Mr Kenei was found dead in his house, with a note indicating that he may have died by suicide. The DCI said at the time that the note was not written by Kenei, who may have been killed by powerful government officials.
The mystery of Mr Kenei’s death has not been solved to date.
Mr Echesa, Mr Otieno, Mr Okoth, Mr Oyoo and Mr Odipo were charged with defrauding the Polish firm, but were found to have no case to answer by the Magistrate’s Court in 2021.
The Director of Public Prosecutions challenged that acquittal at the High Court, which in February, 2024 found that the magistrate should have ruled that the five had a case to answer.
The five took the matter to the Court of Appeal, which in June, 2024 suspended the trial pending its determination. The matter is still at the Court of Appeal.
Former Sports Cabinet Secretary Rashid Echesa.
Eco Advanced Technologies had paid Sh11.5 million facilitation fee by the time it realised that there was no arms tender from the military.
On June 22, 2020, as the investigation into Mr Echesa and the four others was ongoing, a lawyer walked into Kasarani Police Station and reported that his life was in danger. The lawyer claimed that some individuals under investigation over the Polish firm’s defrauding had threatened him, stemming from a similar deal involving another company from Mali.
The lawyer said that the Malian firm, Prenium Interservices, had paid Sh7 million facilitation fees for a tender which was to see it supply 15,000 pistols and 45,000 rifles to the military. The contract value was stated as Sh40 billion. But there was no tender.
The lawyer had abandoned his car at the police station. A few days later, an individual claiming to be an Air Force officer attempted to pick the lawyer’s Mitsubishi Outlander, claiming that he had been given authority.
Police refused to release the vehicle when the man failed to produce any evidence that he was an Air Force officer, or that he had the lawyer’s permission to collect the vehicle.
That investigation, too, was never concluded.
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