Tag: Grain Bulk Handling Limited

  • How Mohamed Jaffer Tightened His Stranglehold on Mombasa Port as Parliament Looked Away and a Dirty Fuel Scandal Engulfed His Empire

    How Mohamed Jaffer Tightened His Stranglehold on Mombasa Port as Parliament Looked Away and a Dirty Fuel Scandal Engulfed His Empire

    The vessel MT Paloma had barely cleared Mombasa port and entered South African waters when the full scale of Mohamed Jaffer’s double exposure became impossible to ignore. His fuel company stood accused of flooding Kenyan roads with contaminated petrol over Easter weekend 2026. His lawyers were fighting off a Ugandan importer demanding the release of wheat that had sat detained at berths three and four for years. And somewhere in the Ministry of Roads and Transport, a contract was being drafted that would hand him those same berths, and the grain monopoly they represent, for another twenty years.

    That contract, approved by President William Ruto’s administration and awaiting gazettement as of the date of this publication, extends Bulkstream Limited’s lease over the Port of Mombasa’s only specialized bulk grain discharge terminals seven years before the existing concession was due to expire. It is not a renewal born of competitive merit, transparent procurement, or public interest. It is the latest triumph of an empire that has outlasted four presidents, survived every parliamentary investigation thrown at it, and buried every rival who came close enough to threaten it.

    The deal cements what market analysts, parliamentary committee members, and competing operators have called for two decades the most consequential private monopoly in Kenya’s food supply chain. Bulkstream, formerly known as Grain Bulk Handlers Limited before a quiet 2024 rebranding, handles approximately 98 percent of all bulk grain imports into Kenya, including wheat, rice, and maize destined not only for Kenyan mills but for the landlocked nations of Uganda, Rwanda, South Sudan, Burundi, and eastern Democratic Republic of Congo. Roughly 2.2 million tonnes pass through its terminals every year. No rival has been allowed to operate at scale since the original exclusivity window expired in 2008. It did not expire because the market decided so. Parliament tried to force open the door. The door stayed shut.

    Parliament warned. Courts ruled. Rivals were crushed. And the Ruto government handed him 20 more years anyway.

    THE ARCHITECTURE OF PERMANENT ADVANTAGE

    To understand why no competitor has successfully entered the bulk grain market at Mombasa for over two decades, one must understand the pricing structure that Parliament itself identified as the foundational problem. Bulkstream pays the Kenya Ports Authority a service fee of $3.85 per metric tonne to operate its specialized terminals. Conventional operators wishing to handle bulk grain through non-specialized berths are charged $10.40 per metric tonne for the same privilege. That gap of $6.55 per tonne is not a market outcome. It is a regulatory inheritance, embedded in the KPA tariff book, that makes it structurally impossible for any competitor to undercut Jaffer’s pricing regardless of how efficient, well-capitalized, or willing they might be.

    On top of the KPA fee, Bulkstream charges millers $16 per metric tonne for its handling services. The math is unambiguous. Across 2.2 million tonnes annually, the terminal extracts over $35 million a year in miller fees alone, against a cost base that includes a KPA service charge equivalent to approximately $8.5 million. The embedded price differential flows directly into the cost of bread, ugali, and animal feed across Kenya and several neighboring countries. It is a toll paid by every East African family that consumes grain. Parliament did not merely notice this arrangement in passing. It named it explicitly.

    The 2020 report of the National Assembly Finance, Planning and Trade Committee described the differential as a technical barrier to trade and competition and recommended the transparent appointment of additional bulk grain operators and expansion of port facilities to accommodate them. The Kenya Ports Authority set a 2022 deadline to license a second handler. That deadline passed without a single approval being granted. The committee’s language was unambiguous. Its recommendations were ignored with equal clarity.

    BULKSTREAM BY THE NUMBERS

    Market share of bulk grain imports at Mombasa: ~98%

    Annual throughput: 2.2 million metric tonnes

    KPA service fee paid by Bulkstream: $3.85/tonne

    KPA fee charged to conventional operators: $10.40/tonne

    Differential (competitive moat): $6.55/tonne

    Handling fee charged to millers: $16/tonne

    Lease extension: 20 years, approved 7 years early

    Original concession signed: ~2000 (33-year term)

    MJ Group estimated valuation (Africa Report, 2025): KSh16.3 billion

    TWO DECADES OF WARNINGS, ZERO CONSEQUENCES

    The 2020 parliamentary committee report is not a standalone intervention. It is the culmination of over two decades of parliamentary scrutiny of an arrangement that legislators, regulators, and trade observers have consistently identified as anti-competitive and harmful to the public interest. As far back as 2018, MPs were issuing directives to end Jaffer’s monopoly on the grain trade, as contemporaneous media records show. The problem was never lack of awareness. The problem was the persistent gap between parliamentary resolve and executive action.

    The original concession between Grain Bulk Handlers Limited and the Kenya Ports Authority was signed around the year 2000. It included an initial eight-year exclusivity window, explicitly granted to allow the company to recover its investment costs. That exclusivity expired in February 2008. The KPA board resolved at that point to liberalize grain handling and introduce competition. What followed was a series of cancelled tenders, aborted licensing processes, and unending delays that preserved the monopoly in practice while abandoning it in theory. Each successive government found a reason not to finish the process.

    When in 2022 interests linked to Mining Cabinet Secretary Hassan Joho appeared to have finally broken through, winning a Sh5.9 billion contract for Portside Freight Terminals to construct a competing facility, the Supreme Court quashed the procurement. The ruling found that KPA had failed to meet constitutional thresholds of fairness, transparency, and competitiveness. The irony was corrosive. The very procurement standards cited to cancel Jaffer’s competitor were standards that the original concession to Jaffer had never been compelled to meet. The playing field was cleared again. Jaffer remained the only player on it.

    A senior KPA manager’s remarks to international media in the aftermath of the Portside ruling were telling in their candor. The official stated plainly that KPA cannot run the grain facility and that the two berths are likely to remain under private entities for a longer period. That is not the language of a regulator planning to introduce competition. It is the language of a captured institution confirming that the current arrangement will endure. The 20-year lease renewal that followed merely formalized what the official had already conceded.

    A senior KPA manager told media: ‘The two berths are likely to remain under private entities for a longer period.’ The 20-year lease simply made it official.

    MT PALOMA: CARCINOGENS, COVERUPS, AND THE EASTER WEEKEND CONTAMINATION

    On March 27, 2026, the vessel MT Paloma docked at the Port of Mombasa carrying approximately 60,000 to 68,000 metric tonnes of Premium Motor Spirit. The ship had last been in Fujairah, United Arab Emirates. It had originally been destined for Angola. It arrived in Kenya under an emergency import authorisation signed on March 25, two days before it docked, for a cargo that laboratory tests would later show contained elevated levels of sulphur, benzene, and manganese, all above legally permitted Kenyan standards. Benzene is classified as a known human carcinogen. Elevated manganese destroys catalytic converters. Excess sulphur corrodes engines and elevates toxic roadside emissions.

    One Petroleum Limited, the importing company, is registered to the Jaffer family. Corporate registry documents list Mohamed Jaffer, his sons Mujtaba Jaffer and Ali Abbas Jaffer, and other family members among the directors and shareholders. The firm is headquartered in Mbaraki, Mombasa. It is not a new entrant in the fuel trade. It is a long-established company within the MJ Group ecosystem.

    The sequence of events that allowed contaminated fuel into the Kenyan market reads as a governance failure at multiple levels. Energy Principal Secretary Mohamed Liban wrote to the Kenya Bureau of Standards managing director requesting a temporary waiver on conformity certificates, citing disruption to the Strait of Hormuz following US-Iran tensions as the justification for emergency procurement outside the standard government-to-government supply framework. Trade Cabinet Secretary Lee Kinyanjui then issued a letter on March 28, by which time MT Paloma had already been docked for 24 hours, granting the waiver. The letter acknowledged in plain language that the petroleum aboard contained high levels of manganese, sulphur and benzene.

    The waiver directed that the substandard fuel be blended with existing stocks in KPC’s pipeline system to dilute the chemical concentrations. What that meant in practice was that contaminated fuel was deliberately commingled with Kenya’s strategic reserves and released to oil marketing companies serving retail stations across the country. Kenyan motorists who filled their vehicles over the Easter weekend, some of the highest-traffic days of the year, were doing so without any knowledge that the fuel entering their tanks had failed quality tests. Reports of engine damage linked to the consignment began circulating before the Directorate of Criminal Investigations had made its first arrests.

    Narok Senator Ledama Ole Kina became the most aggressive parliamentary voice on the scandal. In explosive testimony before the Senate Energy Committee, Ole Kina named three individuals at the centre of what he described as a coordinated scheme to manufacture a fuel shortage and exploit it for profit: Joel Mburu, Supply and Logistics Manager at the Kenya Pipeline Company; Joseph Wafula, Deputy Director of Petroleum at the Ministry of Energy; and Mohamed Jaffer. The senator alleged internal communications showed premeditated planning and an orchestrated crisis, with the emergency declaration being used to justify bypassing the G2G framework. His phrasing was blunt: he called it the most brazen act of energy-sector looting in Kenya’s recent history.

    The DCI opened its investigation quickly and its reach was wide. Former KPC Managing Director Joe Sang, former EPRA Director-General Daniel Kiptoo, and former Principal Secretary Mohamed Liban were arrested, questioned, and subsequently resigned from their positions. Two KPC employees, Joseph Wafula and Joel Mburu, were taken into custody and released on police cash bail of Sh100,000 each. Investigators summoned executives from One Petroleum and, separately, Swiss-owned Oryx Energies, which had imported a second controversial consignment of approximately 60,000 tonnes at prices Ole Kina alleged were set at $253.94 per metric tonne against the government’s own contracted rate of $84.00. The DCI confirmed it was working with both local and international investigative bodies.

    One Petroleum’s public statement attempted damage control. The company confirmed that four firms had responded to an emergency request from the Energy Ministry, that it was one of them, and that it had taken steps to ensure the MT Paloma consignment would not enter the market. That last assurance was contradicted within days. KPC confirmed that the fuel had in fact been mixed with existing stocks and released to oil marketing companies. Energy CS Opiyo Wandayi, who ordered the product withdrawn from the market and blocked payments to One Petroleum, stated that the importation would have pushed pump prices up by as much as Sh14 per litre. The government ultimately reversed its own waiver, but by then the fuel had traveled far beyond any pipeline.

    THE MT PALOMA TIMELINE

    March 25, 2026: Emergency import authorisation signed for One Petroleum

    March 27, 4:14 PM: MT Paloma docks at Port of Mombasa

    March 28: Trade CS Kinyanjui issues written waiver acknowledging benzene, sulphur, manganese violations

    March 30: MT Paloma departs for South Africa

    Easter Weekend: Contaminated fuel distributed via KPC to oil marketers

    April 5-6: DCI arrests Sang, Liban, Kiptoo; Wafula and Mburu held on bail

    April 7: Government orders fuel withdrawal; One Petroleum’s Sh11.8 billion exposure confirmed

    April 15: KPC confirms contaminated fuel already in market, commingled with reserves

    April 17: Senator Ole Kina names Jaffer, Mburu, and Wafula in Senate committee testimony

    THE SUCCESSION GAMBLE: PASSING THE EMPIRE TO THE SONS

    Even as the fuel scandal was burning through KPC’s senior leadership and generating its first Senate committee hearings, a quieter restructuring was unfolding inside the Jaffer business empire that goes to the heart of whether the family can sustain what the patriarch built. Mohamed Jaffer is 78 years old. He has been described in regional business media as a work-in-silence billionaire who guarded his empire jealously and brokered political friendships along the way to protect it. That political protection is now being redistributed across a more complex ownership structure, and the question of whether it survives the transition is genuinely open.

    In 2024, MJ Group indirectly sold a controlling stake in Bulkstream through its Mauritius-based holding company Incorp Limited to African Infrastructure Investment Managers, the South Africa-headquartered institutional fund manager with assets under management of approximately $3.8 billion and a portfolio spanning toll roads, renewable energy, and port logistics across Africa. AIIM is itself a subsidiary of the Old Mutual group. The Incorp Limited holding structure places the transaction at arm’s length from direct Kenyan regulatory scrutiny while maintaining the family’s operational influence through subsidiary roles.

    AIIM is now reported to be preparing to sell approximately half of its stake in African Ports and Corridors Holdings, its Mauritius-based platform covering port and commodity logistics assets in Zambia and Tanzania, to Globe In Limited. Globe In is another Mauritius-registered entity with active cargo handling interests in Kenya and Uganda and traceable connections to the Jaffer network. The circular logic of the restructuring is not lost on analysts who track the group: institutional capital comes in through the front door, and network control is maintained through affiliated entities at the back.

    Mujtaba Jaffer and Abass Jaffer, sons of the founder, are the visible faces of the next generation. Mujtaba has fronted Bulkstream’s public statements in the Pan Afric Commodities wheat detention case. Abass, a director at Bulkstream, did not respond to questions from international media in late May 2026 about the lease renewal. Their ascension to operational leadership coincides with a period of maximum external pressure: a live criminal investigation into One Petroleum, multiple court battles over detained cargo, an Sh1.8 billion land compensation dispute involving Miritini Free Port Limited, and the spectacle of their patriarch’s name being read into the record of a Senate committee hearing on a national fuel crisis.

    The institutional investors now holding a controlling interest in Bulkstream through AIIM bring governance expectations and reputational considerations that the family structure did not face in the same way. Foreign institutional capital does not tolerate the kind of opacity that enabled three decades of parliamentary investigation without consequence. Whether AIIM views the One Petroleum scandal as a reputational contagion risk to its infrastructure fund is a question that will play out in boardrooms, not courtrooms. The sons are entering leadership not in a period of consolidation but in a period of acute vulnerability, and the difference between inherited political capital and proven political acumen is a gap that no business school curriculum can close.

    Mujtaba and Abass Jaffer are inheriting an empire under criminal investigation, buried in lawsuits, and restructured through layers of Mauritius-registered entities. The patriarch made it look easy. It was not.

    A PATTERN OF IMPUNITY: THE CONTROVERSIES THAT KEEP ACCUMULATING

    The grain monopoly and the fuel scandal are not aberrations in an otherwise clean record. They are the two largest current expressions of a pattern of controversy that has attached itself to the Jaffer empire across multiple sectors and over multiple decades. Court filings, parliamentary records, and investigative reporting have documented a series of disputes that individually might be dismissed as the inevitable legal friction of large-scale business but collectively form a picture of an empire that uses institutional chokepoints, legal attrition, and political proximity as competitive weapons.

    The Pan Afric Commodities case is illustrative of how Bulkstream’s market power translates into leverage over importers. The Ugandan firm purchased approximately 2,837 tonnes of Ukrainian wheat in 2018 under a charter party agreement. The wheat was shipped to Mombasa and handled by Bulkstream. A portion of the consignment, 1,514 tonnes, remained in storage as a dispute over import taxes and the intervention of a Ugandan receivership manager complicated the release. By September 2025, Bulkstream was asserting a bailment lien over the wheat pending payment of $1.1 million in accumulated handling and storage fees. The Mombasa High Court was still hearing the case into early 2026. A cargo shipped in 2018 was still impounded in 2026. The firm controlling the only bulk grain terminal in Kenya has no commercial incentive to resolve such disputes quickly.

    Parallel civil suits from Kenyan maize millers alleging Sh90 million in damages have traversed the court system over similar grievances. The cases share a structural dynamic: importers and processors who depend entirely on Bulkstream for their grain intake have no alternative handler to turn to, which means any contractual dispute places them at the mercy of their only logistics option. Parliament recognized this leverage in its 2020 report. The market still operates with that leverage fully intact.

    The Miritini Free Port land dispute has brought a separate line of allegations into view. Court records show that Bulkstream’s related entity Miritini Free Port Limited received approximately Sh1.8 billion from the National Land Commission as compensation for land in Jomvu, Mombasa. Those payments have been challenged in court, with proceedings in the Environment and Land Court in Mombasa. Justice Ogla Sewe extended interim orders in the case in July 2024, and as of the period of this publication the matter remains unresolved.

    Reports have also circulated, some contested, regarding allegations of parliamentary bribery in connection with Bulkstream’s interests. A report in August 2025 described allegations that officials connected to Bulkstream paid bribes to members of parliamentary committees handling matters relevant to the grain terminal. President Ruto had around the same time ordered investigations into rising corruption in parliamentary committees. Bulkstream has not formally addressed these allegations. The individuals named in those reports have not faced charges that this publication can verify. But the allegations follow a company whose relationship with parliamentary oversight has always been one of attrition rather than accountability.

    The ProGas and LPG sector dealings attributed to the Jaffer network have generated their own trail of regulatory disputes and court actions. LPG pricing, market access, and cylinder standards have all featured in filings that critics say point to an enterprise that replicates at the energy level the same stranglehold it maintains at the port. The pattern is consistent regardless of sector: identify a regulated infrastructure chokepoint, secure the position through initial investment and political relationships, then use the position to price competitors out while using legal process to exhaust those who resist.

    WHO PAYS THE TOLL

    The 20-year lease renewal is not merely a business story. It is a food security story, a public health story, and a governance story about what happens when accountability institutions fail to act on their own findings. Every parliamentary committee report, every court hearing on competitive procurement, every DCI investigation into fuel quality, represents a moment when the system had the information it needed to act. The lease renewal confirms that having the information and acting on it are not the same thing.

    For Kenyan consumers, the cost of the grain monopoly is embedded in the price of every loaf of bread and every bag of ugali. The $16 per tonne handling fee that Bulkstream charges millers, in a market where no alternative exists, is a tax on food that Parliament labeled a technical barrier to competition six years ago and which remains unchanged today. The landlocked countries that route their food imports through Mombasa inherit the same embedded inefficiency. Uganda, Rwanda, South Sudan, and the DRC are food-secure only insofar as Mohamed Jaffer’s terminal is willing and able to move their grain. That dependency is not a result of geography alone. It is a result of a deliberate regulatory choice to allow a single private operator to control the only specialized facility for 25 years and counting.

    The fuel episode added a dimension of physical risk to the economic one. Kenyan motorists who filled up over Easter 2026 did not consent to receive benzene-laced petrol. They had no way of knowing. The blending directive issued by Trade CS Kinyanjui was not disclosed publicly until it leaked. The government’s first communication was that the fuel had been blocked from the market. That statement was false. The fuel was already circulating. Vehicles had already been reported damaged. The subsequent order to withdraw the consignment came after the damage was done.

    Whether criminal charges ultimately follow Jaffer or his sons in the One Petroleum investigation remains to be seen. The DCI has stated it is pursuing the matter with international cooperation. Several officials who facilitated the procurement have resigned and face their own legal exposure. The Sh11.8 billion question is whether One Petroleum’s principals will face the same accountability or whether, as has happened before across multiple sectors and multiple investigations, the institutional protection that has kept this empire intact for 25 years will once again absorb the impact.

    THE RUNWAY THAT NEVER ENDS

    Under President Moi, Grain Bulk Handlers Limited signed a 33-year concession that gave it exclusive rights over Kenya’s only bulk grain terminals. Under President Kibaki, the exclusivity window expired but the monopoly persisted. Under President Kenyatta, parliamentary committees investigated and recommended competition. Under President Ruto, the answer was a 20-year extension signed seven years early while the country’s DCI was actively investigating the same family’s fuel company for importing contaminated petroleum.

    The Billionaires Africa publication that broke the renewal story noted that across four presidencies, the answer to whether Jaffer wins at the Port of Mombasa has always been yes. That observation is accurate and damning. It points not to a single government’s failure but to a systemic failure of the Kenyan state to subordinate private infrastructure control to public interest when the private controller has sufficient political proximity and legal firepower to resist. That resistance has been sustained across decades, across party lines, and now apparently across criminal investigations.

    Abass Jaffer did not respond to questions about the lease renewal. Mujtaba Jaffer has been the public face of a grain company fighting a cargo lien case in Mombasa courts. KPA’s managing director, the Ministry of Transport, and Bulkstream representatives all declined to comment on the early renewal when contacted by international media. The silence is coherent with a business that has never needed to justify itself to the public because the public has never had a meaningful alternative.

    The 20-year lease simply extends the runway. Ordinary Kenyans will keep paying the toll on their bread. Ugandan wheat importers will continue navigating the lien disputes of the only terminal operator in East Africa’s largest port. Senators will keep naming names in committee rooms. Parliamentary committees will keep writing reports that no one is obliged to implement. And somewhere in the Ministry of Roads and Transport, the gazette notice is being prepared.

  • Omtatah Wins Case For Mohamed Jaffer As Joho Family Suffers Blow In Court Case Against Port Monopoly

    Omtatah Wins Case For Mohamed Jaffer As Joho Family Suffers Blow In Court Case Against Port Monopoly

    Supreme Court quashes Sh5.8 billion grain facility deal, dealing major setback to Cabinet Secretary Hassan Joho’s family business interests at Mombasa Port

    The Supreme Court has delivered a crushing blow to Cabinet Secretary Hassan Joho’s family business empire, nullifying a lucrative Sh5.8 billion grain handling facility deal at Mombasa Port in a landmark ruling that effectively preserves Mohamed Jaffer’s three-decade monopoly in the sector.

    In a significant victory for activist Okiya Omtatah and indirectly for business tycoon Mohamed Jaffer, the apex court ruled that the Kenya Ports Authority (KPA) violated constitutional procurement procedures when it awarded the contract to Portside Freight Terminals Limited, a company linked to the Joho family.

    Constitutional Violation Cited

    A five-judge bench led by Deputy Chief Justice Philomena Mwilu declared that KPA’s use of the Specially Permitted Procurement Procedure (SPPP) to award the licence was “inconsistent with the Constitution,” emphasizing that all public projects must follow fair, equitable, transparent, competitive and cost-effective processes.

    “The protection of the supremacy of the Constitution is critical and there can be no greater public or national security interest than upholding the Constitution, its values and principles and obeying the law,” the justices stated in their unanimous decision.

    The court found that KPA had failed to demonstrate “exceptional circumstances” that would justify bypassing competitive tendering, a requirement under Section 114A of the Public Procurement and Asset Disposal Act.

    Omtatah’s Persistent Legal Challenge

    Senator Okiya Omtatah, who has been challenging the Joho family’s port business dealings since 2022, argued that the procurement process was discriminatory and that other companies were unfairly excluded from consideration. His legal activism has now culminated in this major victory against what he termed an irregular procurement process.

    The Busia Senator’s persistence in demanding transparency began in May 2022 when he sued KPA for refusing to provide copies of licenses issued to Portside Freight Terminals Ltd and Heartland Terminals Ltd. He had argued that the secrecy surrounding the deal violated his constitutional right to access information on matters of significant public interest.

    Business Rivalry and Port Politics

    The Supreme Court ruling has significant implications for the ongoing business rivalry between the Joho family and Mohamed Jaffer, whose company Bulkstream Ltd (formerly Grain Bulk Handlers Limited) has operated the sole bulk grain facility at Mombasa Port for over 30 years.

    The government had argued that the second facility was necessary to end Jaffer’s monopoly and enhance food security through diversification.

    However, the court’s decision effectively maintains the status quo, preserving Jaffer’s dominant position in the grain handling business.

    The rivalry between the two business interests has spilled over into the courts in multiple ways. In ongoing defamation proceedings, Abubakar Ali Joho (Abu), brother to CS Hassan Joho, has accused Jaffer of orchestrating a smear campaign against his family following their entry into the port logistics business.

    “He has had a monopoly for 30 years. Now that I have entered the port business, that’s where our troubles began. He is the monopoly; I am not,” Abu Joho testified in court, directly naming Jaffer as being behind attacks on his family’s reputation.

    Financial and Strategic Implications

    The blocked project, estimated to cost approximately $45 million (Sh5.8 billion), would have seen Portside Freight Terminals construct a second bulk grain handling facility with a common user island berth. The facility was expected to complement the existing capacity of 2.4 million tonnes annually at the port.

    KPA had argued that Portside Freight Terminals offered strategic advantages, including ownership of adjacent land and willingness to build the berth at its own cost. However, these commercial considerations were deemed insufficient to override constitutional procurement requirements.

    Broader Context of Joho Business Empire

    The Supreme Court decision represents the latest setback for the Joho family’s expanding business interests. The family has faced multiple legal challenges across various sectors, from port operations to real estate deals, including a recent Sh9 billion land deal connected to the Talanta Stadium project.

    The ruling also comes amid ongoing defamation cases where the family has been accused of various improprieties, including allegations of defrauding Mombasa County of over Sh40 billion during Hassan Joho’s tenure as governor – claims the family vehemently denies.

    Legal Precedent and Future Implications

    The Supreme Court’s decision sets an important precedent for public procurement, emphasizing that no project, regardless of its perceived strategic importance or urgency, can circumvent constitutional requirements for competitive tendering.

    The court overturned a Court of Appeal ruling that had initially cleared the way for the project, stating that the appellate judges had erred in reversing the High Court’s original decision blocking the deal.

    Legal experts view the ruling as a vindication of constitutional procurement principles and a warning to public entities against misusing alternative procurement methods to avoid competition.

    What’s Next

    With the Supreme Court ruling being final, Portside Freight Terminals Limited will be unable to proceed with the grain facility project under the current arrangement. Any future attempts to establish a second bulk grain handling facility at Mombasa Port will need to follow proper competitive tendering procedures.

    For Mohamed Jaffer’s Bulkstream Ltd, the ruling preserves their exclusive position in grain handling at Kenya’s largest port, maintaining a business arrangement that has lasted over three decades.

    The decision also validates Omtatah’s role as a key figure in ensuring government accountability and transparency in public procurement processes, adding to his reputation as a formidable legal activist willing to challenge powerful business and political interests.

  • Mombasa Tycoon’s Employee Identified As Key Suspect In Linking Joho’s Family To Alleged Drug Trafficking

    Mombasa Tycoon’s Employee Identified As Key Suspect In Linking Joho’s Family To Alleged Drug Trafficking

    After playing hide and seek games with criminal police investigators, the woman accused of linking Mining and Blue Economy Cabinet Secretary Hassan Joho and his brother, Abubakar Ali Joho, to drug trafficking and the theft of Ksh 40 billion has been identified.

    Police officers have released the identity of the woman who had also linked the two to the theft of containers inside the Kenya Ports Authority (KPA).

    She will be presented to court and will plead to the charges on October 3.

    Prosecutors argue that the false claims circulated on social media could have far-reaching consequences not only tarnishing the reputation of the accused but also affecting their professional and personal lives.

    Mombasa Senior Resident Magistrate David Odhiambo had ordered that the suspect named Matilda Maodo Kinzani should appear before her court to plead to the charges.

    She has, through her lawyer Michael Oloo, requested the court to have a warrant of arrest issued against her lifted after she failed to appear before the court to plead to the charges.

    Police had suspected foul play when Mr Oloo informed the court that his client was unwell and unable to appear before the court.

    The magistrate set aside the warrant of arrest and ordered her release on a bond of Ksh 700,000 with one similar surety with an alternative of Ksh 300,000 cash bail.

    According to police, the suspect is a senior employee of Grain Bulk Handlers Ltd, now known as Bulk Stream.

    According to court documents, Kinzani in her statement to police has stated that she is an employee of the company, having worked as a senior employee for several years.

    She further informed police that the information she shared on her social media platforms was from a credible source and, at the time she released it on her WhatsApp, she believed it was not meant to damage the reputation of Joho nor his brother.

    Kinzani is facing charges of publishing false information under Section 23 of the Computer Misuse and Cybercrimes Act.

    The police detectives are convinced the woman is the prime suspect who used her WhatsApp to share information deemed false and victimizing to the character of Joho and his elder brother. This happened immediately after Joho was nominated to the position of Cabinet Secretary.

    As investigations continue, authorities are expected to dig deeper into the source of the claims Kinzani made as they aim to establish whether she acted alone or as part of a coordinated campaign.

  • Grain Bulk Handlers Unable To Unable To Explain How Client’s Wheat Was Destroyed In Multibillion Suit

    Grain Bulk Handlers Unable To Unable To Explain How Client’s Wheat Was Destroyed In Multibillion Suit

    The hearing of the multi-billion grain tussle between Atta Kenya Ltd and Grain Bulk handlers resumed on Wednesday this week with two witnesses being put to task to explain how 29,500 metric tonnes of wheat was disposed.

    In the case, Atta Kenya has sued Grain BulkAtta Kenya has sued Grain Bulk and others for illegally selling their wheat.

    Appearing before High Court Judge Florence Macharia, two witnesses from the sued companies were put to task to explain how the auction price was arrived at and who authorized the sale of the milling wheat.

    Atta limited lawyer Mila Bwire, wanted to know what exactly transpired during the receivership of the wheat consignment to its sale.

    In the case, Atta Kenya wants the court to declare the sale of the wheat illegal and surcharge Grain Bulk Handlers Limited, Commissioner – Customs and Border Control, Beyond Auctioneers, Grain Industries Limited and Oloo and Chatur Advocates.

    Atta Kenya claims it entered into an agreement with Louis Dreyfus company limited for the purchase of 38,500 metric tons of milling wheat.

    29,500 metric tons was to be delivered to Atta Kenya limited, where the payment for the shipment was done in June 2014 to LDCL totaling 7.565 million dollars.

    However, they fell behind in paying the required customs duty and storage fees owed to the Commissioner – Customs and Border Control and the second defendant Grain Bulk handlers.

    According to court documents, while the matter was under review by all the parties Atta Kenya limited received a letter that, the consignment had been sold by Beyond Auctioneers to Grain Industries ltd at a total cost of Sh 217.48 million way below the market value of Sh 730.3 million

    The case will be mentioned on 14th March 2024.

  • Besieged Gas Tycoon Dumps Raila For Rigathi

    Besieged Gas Tycoon Dumps Raila For Rigathi

    Mohammed Jaffer of Grain Bill Handlers Limited (GBHL) and proprietor of Pro Gas been forced to fold abs embrace the Kenya Kwanza government. The billionaire who has enjoyed the monopoly of controlling Mombasa port and liquified gas industry, winning multibillion contracts, got in the bad books with the current regime that saw president Ruto bring in Tanzanian business mogul Rostam Aziz to counter the competition.

    President William Ruto (right) and Taifa Gas Group Chairman Rostam Aziz during the ground-breaking ceremony of the 30,000-tonne plant at the Dongo Kundu Special Economic Zone in Likoni, Mombasa on February 24, 2023.

    In the plans, Mr. Aziz who reportedly financed Ruto’s campaigns is set take over the gas industry that Jaffer has been controlling in the past. The cheap gas is set to hit the markets according to Ruto’s announcement.

    However, Jaffer who’s been able to court different regimes since Moi for survival is keen to maintain his grip in the market. He’s recently been reported to be shifting his allegiance to the Kenya Kwanza government and held different meetings to square up their differences.

    In what could perhaps be one of the clear signs that the tycoon is in good books with GoK is the latest lowering of unga prices that has been a source of headache to the government abs one of the reasons the Raila’s Azimio led opposition has been banking on against the state in their demonstrations that are set to resume in May.

    Through his firm Grain Industries Limited (GIL) Jaffer’s affiliated Maize brands Umi & Ajab have drastically reduced their prices. Mohamed has an upper hand in handling grains through GBHL that handles most imports through Mombasa Port.

    His alignment with the state hasn’t gone down with critics who alleges he’s being for political scoring.

    With Taifa Gas making inroads into the country, many are waiting to see how the empire of Jaffer will stand the tear of time and maintain their hold of the market. Previously, the idea of cheap gas was fought down with corrupt state officials. Pro-Gas penetrated the market at the time with cheaper gas prices. He owns Sea Gas too.