Stop watching money-heist movies, judge tells Anne Njeri as her Sh17bn fuel claim is dismissed

Has Anne Njeri Njoroge, the businesswoman involved in the Sh17 billion controversial diesel case, been watching movies?

The Nation is unsure, but the High Court in Mombasa has advised her to refrain from watching money-heist films. 

But why did the court feel the need to give her such advice?

Ms Njoroge went to the Admiralty Court in Mombasa last year, expressing dissatisfaction that she had been cheated out of a deal to import 100,000 metric tonnes of diesel, cargo she claimed she had brought in from Jeddah, Saudi Arabia. 

However, when given the chance to provide evidence to support her claim of ownership of the cargo that landed at the Post of Mombasa aboard MV Haigui, the evidence she presented left the court questioning why she was insistent on claiming ownership of the cargo.

Justice Kizito Magare, who presided over the dispute, has determined that there is no evidence that such fuel was imported.

The court further noted that documents that the woman presented through her company, Ann’s Import and Export Enterprises Ltd, left no doubts that no drop of the claimed fuel could have left Saudi Arabia.

The judge found that all the documents that Ms Njoroge filed do not prove any purchase, import or requisition of the Diesel EN 590.

Read: I didn't know my daughter was so rich, says mother of woman in Sh17bn oil saga

“The best I can describe the claimant’s claim is that it was an amateurish attempt at a heist. The claimant should stop watching too many movies, especially the money heist,” said Justice Kizito.

Evidence presented in court further shows that the cargo offloaded was Gas Oil 50ppm Automotive Gas Oil (AGO) and not Diesel EN 590. 

Further, the manifest with Kenya Revenue Authority was for AGO. 

“The diesel never arrived in the country. The goods that Galana Energies Ltd purchased are different from the purported ones by Ann’s Import and Export Enterprises Ltd,” said the judge 

The court noted that the claimant (Ann’s Import and Export Enterprises Ltd) simply had no infrastructure related to the ship and cargo, and that the consignment her firm was fighting over with Galana Energies Ltd was not the same. 

“They should file their case in Jeddah where they may have been misled or otherwise initiated the scheme to steal the oil,” said the judge.

"Diesel EN590 never arrived and was not aboard the motor tanker Haigui. This is a proper case to strike out. It cannot be saved by amendment or otherwise."

The ship MV Haigui, the court noted, turned up and left behind a web of truth, ties, half-truths, subterfuge and machinations that were of proportions unknown in the recent world. 

“Not even the legendary Al Capone and others could have pulled stunts some of the parties were putting on,” said the judge. 

In the midst of all these, the court noted it was left with more heat and darkness than light and illumination. 

Read: Ann Njeri Njoroge, the woman at the centre of Sh17 billion oil scandal 

“The truth lay somewhere. Unfortunately, what happened on the fateful, October 11, 2023, will remain buried forever. I cannot fathom, encompass and even understand the circumstances where one party is importing diesel and another petrol but shipping it in the same ship exclusively,” said the judge

In the end, the court noted that Ms Njoroge did not produce any evidence of paying, acquiring, placing an order, contract for purchase, or anything that could be relied on. 

It, therefore, had no evidence of ever acquiring title from the seller, and that there were no letters of credit for the particular cargo offloaded from the ship. 

Galana Energies had submitted that it had imported AGO that was offloaded at the Port of Mombasa.

The firm and Kenya Pipeline Company (KPC) had said the oil sector is highly regulated and requires licences to import oil into Kenya. 

The oil that Galana imported was said to be for import into Kenya and partly for export. 

It was said the sector included Jet A-1, Dual purpose kerosene, diesel and AGO and, therefore, any person required licensing by Energy and Petroleum Authority to import these products, which the claimant did not have.

The court was told the claimant was not licensed as the only authorised importers were Galana Energies Ltd, Gulf Energy and Oryx Energies.

The documents the claimant relied on were also alleged to be fictitious.

It was also found that the vessel, Haigui, did not belong to the claimant but the vessel is held by Holten Shipping Limited Liability Partnership.

Read: Anne Njeri - My four days of horror

On the other hand, Galana was found to have a trail of documentation, including a financing agreement with Kenya Commercial Bank, a certificate of quality and quantity, a certificate of origin, the cargo manifest and the bill of lading, which were signed by the required persons and correct parties.

“It is my considered view that the claimant was not licensed by the Energy and Petroleum Regulatory Authority (Epra), a fact which is stated on oath that Epra had not licensed Ann’s import. They also stated that their cargo was gasoil not diesel,” said the judge 

Justice Kizito further noted that there is no likelihood that Sh17 billion worth of oil could be illegally imported into the country, adding that the fact that the applicant did not have all the licences required, shows that any such acts have nullities.

In the initial application, the cargo manifest dated October 9, 2023 indicated the vessel manifest as Rowan, with Dougukan Bulut as the master.

It was loaded on the same date in Jeddah.

The document also showed that the shipper and consignee were the same, with the claimant signing the bill of lading both as the shipper and importer. 

“There is no question that the bill of lading is fictitious. If the cargo was bought on board, the bills of lading could not be issued by the purchaser,” said the judge.

The court also found that the vessel was a Liberian-flag ship and did not have a local agent, with the authorisation on board showing that the commercial manager was not reported.

“Courts are not morons. How does a party who does not produce or process oil issue a bill of lading?” said the judge.

"At least the master should have issued a master’s bill of lading. Nowhere in the crucial documents that I have seen does the alleged ship’s master Bulut sign any of the necessary documents, including the shipping receipt and the master’s bill of lading

With this, Justice Kizito dismissed Ms Njoroge's firm case and instructed her company to pay Sh22.4 million as costs of the case.

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