- He said Njeri failed to meet the minimum threshold to secure the import license and the documents she used to claim the oil consignment were all fake.
- "Anns Import and Export Enterprises Limited is therefore not licensed to import petroleum into Kenya as required under Section 74(1)(a) of the Petroleum Act 2019.
Image: PCS
Energy Cabinet Secretary Davis Chirchir is now alleging that businesswoman Ann Njeri presented forged documents with which she wanted to lay claim to 93,000 metric tonnes of diesel from Saudi Arabia.
In a statement on Wednesday, the CS gave a chronology of events leading to the importation and eventual discharge of the consignment at the Kipevu Oil Storage Facility on November 4.
He dismissed claims by the businesswoman that she is the bonafide importer of the cargo saying her application for an oil importation license was rejected on October 29 by the Energy and Petroleum Regulatory Authority (Epra).
"Anns Import and Export Enterprises Limited is therefore not licensed to import petroleum into Kenya as required under Section 74(1)(a) of the Petroleum Act 2019 and cannot therefore claim to have imported a diesel cargo into the country onboard MT Haigui," Chirchir said.
He said Njeri failed to meet the minimum threshold to secure the import license and the documents she used to claim the oil consignment were all fake.
Chirchir said claims by Njeri that she had secured the import license from Epra, paid for it and was only awaiting signature are an untrue and complete fabrication.
"First, Epra does not currently charge fees for petroleum licenses and secondly, Epra does not have within its records a petroleum import license issued to Anns Import and Export Enterprises Limited that is awaiting signature," he said.
According to the CS, the true position is that the oil consignment was imported by Aramco Trading Fujairah FZE through Galana Energies Limited.
He said Galana followed the due legal procedure for the importation of 93,460.46 metric tonnes of diesel cargo KG 22/2023 complete with its Bill of Lading (a detailed list of a ship's cargo in the form of a receipt given by the master of the ship to the person consigning the goods).
"The vessel master rejected the Bill of Lading provided by Anns Import and Export Enterprises Limited terming it as fake," Chichir said.
He said the grounds for the Njeri's Bill of Lading being fake is that it bore a stamp not identical to the stamp by MT Haigui and contained incorrect cargo quantity.
"The Master's signature in the Bill of Lading in Anns Import and Export Enterprises Limited was forged and the Port of origin was incorrect," the CS said.
"It's worthwhile noting that the Bill of Lading provided by Anns Import and Export Enterprises Limited was dated October 9, 2023, yet MT Haigui arrived at the Port of Mombasa on October 11, 2023, making it virtually impractical for a vessel to sail from Saudi Arabia in a mere two days."
While speaking to the Press on Tuesday outside Mombasa High Court, Njeri maintained that she was the rightful owner of the 100,000 metric tonnes of diesel cargo worth Sh17 billion.
She spoke after resurfacing following days of speculation about her whereabouts since Thursday last week after recording a statement at the DCI headquarters along Kiambu Road over the oil tussle.
"I was waiting for my import permit and went to see CS Chirchir who told me the fuel was not mine but belonged to a firm called Galana. I told him I had not signed any deal with Galana, so the cargo was mine. He advised me to go to DCI to record a statement,” she said.
According to Njeri, she was taken from the DCI offices by men she believed were officers and taken to an unknown location while blindfolded and interrogated overnight.
"I told them the petroleum is mine and I have all the documents. They then told me they did not see any wrong and that the petroleum was indeed mine. They then blindfolded me and we left the house. They then dumped me at Nyayo Estate,” she said.
On Monday, Kenya Ports Authority chairman Benjamin Tayari and managing director Captain William Ruto claimed Njeri's import documents were fake.
“The consignees of the respective portions of the bulk cargo are listed in the manifest submitted by the ship’s agent and KPA confirms that Ann’s Import and Export Enterprises Limited is not one of the manifested consignees,” Tayari said at the KPA offices.