Mr Eric Ng’eno, President William Ruto’s speech writer, has revealed how businessman Mr Jayesh Saini’s prodding triggered a fallout with Kenyan-Canadian Mary Wachuka over a $950,430 (Sh123 million) spying software .
Mr Ng’eno, in fighting off a compensation claim by the Kenyan-Canadian businesswoman, has confirmed in court papers that he and Mr Saini met Ms Wachuka on November 22, 2023 and that the trio discussed the spying software.
According to court papers, Mr Ng’eno said he had first met Ms Wachuka on November 7, 2023, to consider her business “pitch” but he adds he quickly abandoned the project once he realised it would be an illegal venture though he subsequently set up the meeting with Mr Jayesh.
Ms Wachuka in her suit claimed that the meeting was at Mr Saini’s office at Arch Place, along Nyangumi Road in Nairobi’s Parklands area.
Mr Ng’eno is an advocate of the High Court, and the secretary for policy messaging and speechwriter in the Office of the President.
Ms Wachuka has sued Treasury Principal Secretary Chris Kiptoo, Head of Public Service Felix Koskei, the Attorney-General’s office, Mr Saini and Mr Ng’eno, claiming Sh292 million for allegedly backing out of the deal after she had acquired the spying software from an American company.
In responding to the case, Mr Ng’eno admits to the meeting but maintains that it was Ms Wachuka who initiated the sit-down and used it as a marketing pitch for the spying software.
Mr Ng’eno says in his filings that Mr Saini asked Ms Wachuka difficult questions on the software which she could not answer.
It was then, the President’s speechwriter adds, that Ms Wachuka raised concerns about working with Mr Saini on the project.
“Contrary to the plaintiff’s (Ms Wachuka) allegations… the inquiries raised by the 4th defendant (Mr Saini), which the plaintiff was hardly able to address, confirmed that the 4th defendant (as a private citizen and non-State actor) was also not persuaded by the plaintiff’s marketing pitch,” Mr Ng’eno says in his court filings.
Businessman Jayesh Umesh Saini.
Photo credit: File | Nation Media Group
“The 5th defendant (Mr Ng’eno) avers that the plaintiff’s alleged reservations against working with the 4th respondent were an attempt to avoid anyone that would challenge her ideas or be an impediment to a successful marketing pitch,” the President’s speechwriter, through G&A Advocates LLP, adds.
Mr Ng’eno claims that Ms Wachuka’s suit is pegged on lies and that she is trying to unfairly procure an out-of-court deal despite having no valid contract to supply the spying software.
He holds that such software would be in violation of data protection laws and that the government uses provisions of the Public Procurement and Asset Disposal Act in the acquisition of any assets, not meetings and secret arrangements such as that alleged by Ms Wachuka.
Mr Ng’eno indicates in his papers that he first met Ms Wachuka at Moxies Restaurant in Kilimani on November 7, 2023.
It was a one-on-one, which Mr Ng’eno says he accepted after Ms Wachuka pestered him several times over introductions to public and private sector players to whom she hoped to sell the spying software.
While Mr Ng’eno admits to both meetings in his defence statement, he denies attending them in any official capacity or on behalf of President Ruto. He also says he backed down from the deal because he realised implementation of the project would violate Kenyan laws and the Constitution.
Ms Wachuka had in her court papers claimed that Mr Ng’eno sought her out and claimed to be working on President Ruto’s instructions, after which he promised that she would be paid for the spying tool.
She stated that Mr Ng’eno, in his official capacity as a State House official, approached her with the request for the software, which was to be customized to improve the image of the President and his deputy, and at the same time monitor former opposition leader Raila Odinga.
It was also designed to suppress social media posts critical of the Kenya Kwanza administration and target journalists whose reports were a thorn in the flesh of the government.
Ms Wachuka further holds that Mr Saini was introduced as a “government financier and oligarch” who would oversee the project, and through whom the President would channel payments.
She claims that America’s Tesxo, which allegedly developed the software, successfully sued her in the US for $950,430 (Sh123 million).
Ms Wachuka claims to have lost all her life’s earnings in paying Tesxo and now wants Mr Kiptoo, Mr Koskei, Mr Saini and Mr Ng’eno – some of President Ruto’s closest allies – to alongside taxpayers compensate her for the alleged loss.
Treasury Principal Secretary Chris Kiptoo.
Photo credit: Dennis Onsongo | Nation Media Group
To settle the debt, Ms Wachuka says, she sold her house at Martindale Cres in Brampton, Ontario, Canada for $887,015 (Sh114.5 million), and which she argues was lower than its market value.
Mr Ng’eno has denied Ms Wachuka’s claims that he sought and received a proposal from Ms Wachuka on the development of the software, which would have cost the taxpayer $923,346 (Sh119.25 million).
The President’s speechwriter said that some of the material evidence that Ms Wachuka was relying on in her case were some of the documents which she had presented to him in an effort to convince him (Ng’eno) to support the business idea.
“The defendant avers that any material shared by the plaintiff was part of her spirited pitch in the hope that she will be considered to render services within her areas of interest should future opportunities arise,” said Mr Ng’eno.
He holds that at the hearing, he will point out inconsistencies in Ms Wachuka’s story, using the contract and other documents that the Kenyan Canadian has filed in court as evidence.
Mr Ng’eno is the last of the four men who were sued by the businesswoman to file his response in court.
In their responses dated January 31, through Senior State Counsel Bonn Bett, the high-ranking government officials told the court that they have never met Ms Wachuka as alleged.
Chief of Staff and Head of Public Service Felix Koskei.
Photo credit: File| Nation Media Group
In their 22-paragraph rejoinder, Mr Kiptoo and Mr Koskei urged the court to dismiss the case and condemn Ms Wachuka for paying their legal bills.
“The 1st to 3rd defendants (Mr Kiptoo, Mr Koskei and the Attorney-General) further aver that that at no time did they instruct any person, including the 5th defendant (Ng’eno) to attend any meeting with the plaintiff in the capacity of an agent, representative or a proxy in whichever capacity,” the three said.
Mr Saini has also filed his response, distancing himself from the allegation that he was involved in the procurement of the secret software. Rachier & Omollo Advocates are representing Saini in court.
