• In 2018 Mitchell Cotts Freight won a KPA contract for 'peripheral storage' to handle excess cargo from the SGR freight terminal in Nairobi
• Mitchell Cotts Limited which allegedly has Gideon Moi, Joshua Kulei and Andrew Ndegwa as shareholders is a non-existent company
Image: CHARLENE MALWA
A CR12 form linking the Ndegwa family to Gideon Moi in an inland container depot now appears to be a forgery.
Stories in the Daily Nation this week alleged a complex web of conspiracy involving Gideon Moi and the Ndegwa family yet it now appears that the CR12 form demonstrating their joint shareholding may be a forgery.
Lawyers for Gideon Moi have written to the Nation demanding that the story be retracted.
In 2018, Mitchell Cotts Freight entered into a contract to provide space for excess cargo to Kenya Ports Authority in Embakasi.
But the Nation story alleged that another company Mitchell Cotts Limited was behind the KPA contract.
Image: CHARLENE MALWA
A CR12 form from the Registry of Companies lists directors of companies.
The CR12 for Mitchell Cotts Limited used by the Nation is marked 'not verified' which means that the Registry has not yet confirmed that the filing is genuine.
Lawyers for the Ndegwa family and Gideon Moi deny any knowledge of Mitchell Cotts Limited. I
t is this company's CR12 that lists Joshua Kulei, Gideon Moi and Andrew Ndegwa as shareholders.
The CR12 for Mitchell Cotts Freight lists Michael Maithya Nzule, Andrew Ndegwa, Daniel Kipsang Tanui, Patrick Kithinji Mugambi, and James Philip Maina Ndegwa as directors.
Mitchell Cotts Kenya Ltd and James Ndegwa are listed as shareholders.
It is Mitchell Cotts Freight which is operating a depot to provide extra container space for the SGR terminal in Nairobi.Gideon's lawyers have denied knowledge of any shareholding in Mitchell Cotts Limited.
Staff from Mitchell Cotts Freight went to DCI on Monday and reportedly also denied knowledge of Mitchell Cotts Limited.
It is not known who would have an interest in fabricating a CR12 for a non-existent company showing Ndegwa, Moi and Kulei as shareholders.
However, road transporters, Mombasa clearing agents and large importers have all been unhappy with the higher costs associated with transporting freight on the SGR.
There has been continuous congestion at the 15-acre Nairobi Inland Container Depot since the SGR started carrying freight in January 2018.
The congestion intensified after the government ordered that all freight from Mombasa should travel by rail and not by freight.
In July 2018 Kenya Ports Authority (KPA) floated a tender for 'peripheral storage area' where they could store excess containers from the Nairobi ICD.
Mitchell Cotts Freight and other companies submitted tenders but only Mitchell Cotts Freight met the KPA requirements.
The KPA needed firms with a paved holding yard, office block for housing customs officials as well as staff from state agencies dealing with imports and exports. The Mitchell Cotts facility in Embakasi covers 10 acres.
The initial Mitchell Cotts Freight contract was for three months and elapsed in February 2019. KPA then ran another restricted tender for which Mitchell Cotts Freight had already pre-qualified.
In the restricted tender, most of the fresh bidders met the criteria for paved yards, electric fences and other facilities.
In June 2019 KPA gazetted the five-year contract for Mitchell Cotts Freight as well as making a second award to Nairobi Inland Container Terminal to handle excess cargo from the SGR terminal.
NICT is an offshoot of the Mombasa Inland Container Terminal which was among the 15 companies that responded to the original KPA tender.
KPA does not pay rent for the extra space. Companies pay standard KPA rates to Mitchell Cotts Freight and NICT if their containers are transferred to their two spillover depots.
Mitchell Cotts Freight Kenya is an offshoot of Mitchell Cotts Shipping which closed in 1989. Mitchell Cotts was a large British trading group that worked across Africa in the colonial period.
The Department of Criminal Investigation is examining allegations that the cargo handling tender was marred by irregularities.
The DCI spoke to Mitchell Cotts Freight staff on Monday but not to James Ndegwa as alleged by the Nation.
KPA managing director Dan Manduku, customs commissioner Kevin Safari, chief manager legal John Gathagwa, and licence manager Peter Nganga have been questioned.
Gideon Moi has also denied being a shareholder in Mitchell Cotts Limited. His lawyer has written to the Nation demanding an apology. He has also denied going to the Economic Crimes Unit on Kiambu Road.