- Page 1: REPUBLIC OF KENYA REPORT OF THE JUD
- Page 5 and 6: ABBREVIATIONS In a report of this s
- Page 8: ACKNOWLEDGMENTS Our task would have
- Page 11 and 12: [B] TERMS OF REFERENCE 3. In exerci
- Page 13 and 14: partnerships and other business ent
- Page 15 and 16: entrepreneurship cannot be over-est
- Page 17 and 18: to the inquiry, and that all reason
- Page 19 and 20: 11. Under the Evidence Act Cap 80 L
- Page 21 and 22: adversely mentioned persons who had
- Page 23 and 24: this and further sittings of this J
- Page 25 and 26: uling for one moment, and let us lo
- Page 27 and 28: them be barred, either by themselve
- Page 29 and 30: Several authorities were referred t
- Page 31 and 32: P. LE PELLEY …………………
- Page 33 and 34: on 17 th September, 2003 during the
- Page 35 and 36: common shareholders and directors.
- Page 37 and 38: [G] EXCHANGE BANK LTD 51. Applicati
- Page 39 and 40: 60. Mr. J.D. Kabeberi who was appoi
- Page 41 and 42: dwindling. A witness, professor, T.
- Page 43 and 44: Nations (UN) specialized agencies.
- Page 45 and 46: George Saitoti outlined various mea
- Page 47 and 48: i. Sole rights to export diamond je
- Page 49 and 50: 83. In his evidence before us Kamle
- Page 51 and 52: Owayo appears to us to have been ma
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and exclusive rights to GIL. Mr. Mb
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at any stage in the manufacture of
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Gold will be worked upon and be sem
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were we able to find measures the g
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communicated the Minister’s appro
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111. The last document we consider
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would be copied. The VP/MF also saw
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119. It was Mr. Mbindyo’s evidenc
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126. The bank was the ultimate reci
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132. It is now important to conside
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4. You will obtain from the Customs
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commodities at the exporters’ pre
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Murgor: But his name was on the app
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ivalry and consignees. It was his e
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confirmed to us that indeed GIL did
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543321 *$60,200 *$40,000 *$9,000 $1
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credit advices, copies of telex adv
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amounts received, and an explanatio
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Hoping that the above explanation g
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657706 1,251,668 1,278,325 7,317,10
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169. Kenya Commercial Bank Ltd, is
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Secondly Exchange Control Circular
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ecalled that CBK in its letter to G
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exporters can prove they paid duty,
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Scheme they would be paid by that d
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that the agreement incorporated the
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Birech Karuna, confirmed the positi
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assistance by way of loans extended
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CHAPTER III OTHER SCHEMES IN THE GO
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fled the country in April 1993. The
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Further, although minimum red-tape
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226. In addition the bank received
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amounts of which were placed in the
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239. By the time the Pre-Export fac
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part of the liberalisation of Excha
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was a discreet way of circumventing
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259. Abuses of the system were note
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marked “Cancelled” as was requi
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were also, Bhupendra Kumar Shah, J.
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i. US$ 170,746,185 ii. STG £ 1,886
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way GIL was disguising its business
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Please credit USD 3,2000.00 without
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(i) Forex Cs as we stated earlier w
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not taken into account the premium
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300. This whole scheme revolved aro
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him to stop hurting the bank. Notwi
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SR NO. CONT- RACT NO. CONT- RACT DA
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11 th May, 1993 EBL wrote to Delphi
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329. It is clear from the evidence
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336. Meanwhile, on 7 th June, 1993
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Authority to reverse these contract
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347. There is of course no written
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passed as a debit to the bank’s N
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which they had obtained through the
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365. When investigating the dealing
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In his statement under inquiry (Exh
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“Mr. Otondo: You must have receiv
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“On 10/8/1993 Mr. Kamlesh M. Patt
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a) 20% to 15 th January, 1992 b) 18
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We are still receiving fresh claims
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“5. (1) No expenditure involving
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407. Money is capable of being stol
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007699) 007704) 007700) 007707) EBL
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taking out money from CFS account w
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Dr. Koinange: Correct. [Hansard - P
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July 1983 there were 8,750 manageme
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to assist in the design, constructi
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the letters of credit and the bank
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450. There is considerable disagree
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are not yet formed, although it is
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who purportedly represented himself
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and rely on them. In fact we have t
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to give the person a vehicle and he
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suspect and unreliable. Accordingly
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Goldenberg fraud. We questioned Mr.
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account. He was paying money into t
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counsel Mr. Billing went to great l
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Hon. Kipyator Nicholas Kiprono Biwo
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necessary that further investigatio
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CHAPTER V EXPOSURE, PREVIOUS INVEST
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into the Goldenberg Affair. The rea
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535. On 29 th September, 1994, two
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July, 1998 signed by the then Minis
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its application dated 8 th October,
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had not been discussed between him
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556. There was a fourth condition,
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necessary written authority. This a
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events after the Goldenberg Affair,
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573. Pattni admitted he had a hotli
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578. The other reason why we had to
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fact that this was ultra vires the
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the role of the Minister for Financ
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could not properly refuse to act on
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transferred in one tranche. It was
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602. Regarding the documents whose
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compensation was however limited to
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612. Francis Chelelgo Cheruiyot (Mr
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compensation claims each time they
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622. It was Mr. Riungu who handed o
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had. That was because the scheme al
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etween the parties. We have discuss
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eing adhered to while excess borrow
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645. Soon thereafter at the request
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was he as concerned as he ought to
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656. The second of the three letter
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663. Bikassy Mandeko Bijos, a Congo
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ecame very angry when Nagin was int
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made fully aware that the money was
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684. The letter is apparently signe
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694. We have anxiously considered t
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claims were all fraudulent and the
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In his submissions to us, Mr. Reger
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Regeru: So there was a third meetin
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724. The proposal was therefore a d
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730. Exchange Bank was licensed in
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(d) Owing to the credit squeeze whi
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then on the Goldenberg payments con
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investigations into the government
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could have authorized for Pattni to
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Accounts Committee and had received
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6. 1474/97 126A Kamlesh M.D. Pattni
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in private prosecutions. Evidently
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779. The delays and the multiplicit
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Goldenberg related cases. In additi
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28. HCCC 354/98 City Finance Ltd. A
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companies. This involved declaring
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interdicted at work. The charge was
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for the manner of his retirement. O
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812. We recognize that the limitati
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CHAPTER VI CONCLUSION AND SPECIAL R
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827. In such circumstances the Boar
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(b) That Board members should be al
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payments be made by way of ex grati
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on what the Attorney General consid
- Page 321:
APPENDIXES
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APPENDIX “B”
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1.1.1.1.1 APPENDIX “D” TEXT OPE
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My Lords, Commissioners, this is a
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economic crime. Yes, it is an econo
- Page 332 and 333:
1. M/S GOLDENBERG INTERNATIONAL LTD
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381. MR. SILAS MURIUKI 382. MR. JOH
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775. ISSACK AZANGU AMUHAYA 776. HEN
- Page 338 and 339:
1171. MURITHICHEGE 1172. FRANCIS NJ
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APPENDIX “H” LIST DOCUMENTS AND
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Export permit for unwrought preciou
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Citibank New York Dollar Account No
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25 26 27 28 OGAMBA, MR. JAMES (Form
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53 54 WERUNGA, MR. TOM KILALYA (Ret
- Page 350 and 351:
65 WAMBETE, MRS LEAH AIDA (Liquidat
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Correspondence between National Ban
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93 OTUTU, MR. REUBEN WILLIAM(Former
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101 MUIYA, MR. NTHIWA ALFRED (Offic
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APPENDIX “J” 1.3.1.1.1.1 RULING
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3. THAT the honourable court lacks
- Page 362 and 363:
GROUND 6 • there is merit in this
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We find that it would be serious ab
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Pursuant to this order and the orde
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Appendix “L” Pre-export Finance
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682062 D16/021/92 32,120,000 06-Aug
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816754 GIL/D34/049/92 60,768,000 20
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Bank should have been placed into l
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2.1.1.1.1.1.1.1 APPENDIX “N” 2.
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68 Seaforth Shipping (K) Ltd. 69 Fa
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12 Cera Investments Ltd. 13 Citi Ba
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93 Camel Trail Safaris 94 Plysales
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173 Customs & Excise Mombasa 174 Ke
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254 Vincent M Laswai 255 Issac N Nj
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335 M.A. Mohamud 336 M.P. Kethani 3
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2 APPENDIX “Q”