Tag: Julius Mwale

  • Julius Mwale Throws Contractor Under the Bus in Court Amid Mounting Pressure From Indebted Partners

    Julius Mwale Throws Contractor Under the Bus in Court Amid Mounting Pressure From Indebted Partners

    NAIROBI, Kenya – The walls are closing in on US-based billionaire Julius Mwale as a fresh court battle exposes a carefully cultivated image of success that is beginning to crumble under the weight of unpaid bills, bounced cheques, and a growing list of contractors demanding their money.

    In a dramatic turn that has set tongues wagging in legal circles, Mwale now stands accused of shifting blame onto a deceased contractor in a desperate bid to escape a Sh17 million debt judgment, even as multiple creditors across two continents sharpen their knives for what could become one of Kenya’s most spectacular business collapses.

    The entrepreneur, who has spent years rubbing shoulders with African presidents and Hollywood celebrities while promoting his Sh200 billion Mwale Medical and Technology City in Kakamega, is facing a moment of reckoning that threatens to expose the precarious foundations of his empire.

    A Pattern Emerges

    Court documents and investigations spanning 15 years paint a disturbing picture of a businessman who has left a trail of unpaid contractors, bounced cheques, and broken promises stretching from New York to Nairobi. The total unpaid bills, according to court records in Kenya and the United States, exceed Sh325 million.

    The latest controversy involves Sifatronix Limited, a company that claims it supplied murram worth Sh17 million for road construction at Mwale’s flagship project in 2017 but was never paid.

    When Sifatronix sued, Mwale’s defense hinged on testimony from the late Dr. Fitzgerald Oketch, who swore an affidavit stating that his company, Epic Agencies, had the contract with Tumaz, not Sifatronix.

    Dr. Oketch died unexpectedly in October 2025, just before a crucial court hearing. With the primary witness now silent in death, questions are being raised about whether Mwale’s legal strategy amounts to throwing a dead man under the bus to escape liability.

    Justice Freda Mugambi ruled against Mwale in February 2025, piercing the corporate veil to hold him personally liable alongside his company, Tumaz and Tumaz Limited. The businessman is now appealing, but the case has reopened old wounds and drawn fresh scrutiny to his business dealings.

    The Kakamega Contractors Speak Out

    Sifatronix is far from alone. Multiple contractors, suppliers, traders, and vendors who worked on the Mwale Medical and Technology City project have come forward with similar stories of unpaid bills and broken promises.

    Some claim they have been physically prevented from accessing the facility to demand payment. Others say they received only promissory notes that were never honored. Bloggers, content creators, and models hired through a South African agency to promote the project were never paid a dime, with several removing their promotional material in disgust.

    In 2018, Mwale was accused of issuing bad cheques to contractors amounting to Sh22 million. Court documents from that period show him seeking to stop police from arresting him over allegations of bounced cheques. He claimed his lawyers had compelled him to write post-dated cheques even after disputing the amounts demanded by contractors.

    The scale of the problem became clearer when local residents began speaking out. Many claim they lost large tracts of ancestral land to Mwale after he made empty promises to build residential and rental homes for them. What was once promoted as a “village paradise” and Kenya’s answer to Silicon Valley now stands as a monument to unfulfilled dreams.

    The American Debts

    Mwale’s troubles are not confined to Kenya. In the United States, where he has long presented himself as a self-made billionaire, a very different picture emerges from court records.

    In August 2025, a California court evicted Mwale and his family from a multimillion-dollar estate in Alamo after he failed to pay rent and issued a Sh58 million cheque that bounced. The property, which Mwale had for years presented as his own and even “gifted” parts of to influential figures, was actually a rental. When payments stopped in October 2024, the landlord moved to evict.

    Court filings revealed that the lease arrangement not only covered the residence but also included two luxury vehicles, a Bentley and a Mercedes, which Mwale frequently showcased in photographs as symbols of his financial success. The cars, like the house, were not his.

    Perhaps most troubling is the case of Fiona Graham, a 95-year-old blind and partially deaf psychiatrist who claims Mwale defrauded her of Sh466 million. Court documents filed in New York Supreme Court in 2019 reveal how Mwale first met Graham when he arrived at her clinic wearing threadbare shoes, having walked from a men’s shelter.

    Graham says Mwale befriended her under false pretenses, eventually coercing her into remortgaging her properties to lend him money. Despite signing a promissory note in 2019 agreeing to repay Sh466 million by November 2020, with eight percent annual interest, Mwale has reportedly failed to honor the debt. As of February 2024, Graham was owed Sh466 million in principal plus Sh176 million in accumulated interest.

    The Shaw Saga

    In 2024, American couple Mathew and Brooke Shaw sued Mwale and his wife Kaila for Sh220 million, claiming they were lured into investing in fraudulent projects. The Shaws said they met the Mwales at a private dinner in Utah in February 2022, where the couple presented themselves as billionaires with connections to powerful figures.

    Court documents detail how Mwale shared text messages and recordings of alleged private video calls with prominent Americans, including Senator Mitt Romney and US Ambassador to Kenya Meg Whitman, to enhance his credibility. The Shaws were invited to what they believed was the Mwales’ estate in San Jose, California, where they were shown expensive automobiles and a wine cellar reportedly valued at Sh32.5 billion.

    The American couple claim they invested Sh220 million in projects including geological surveys in the Democratic Republic of Congo for a battery manufacturing plant. When they visited Kenya in August 2022 to inspect their investments, they discovered the reality was vastly different from the promises.

    The hospital Mwale claimed was the world’s largest and most advanced with 5,000 beds turned out to be largely incomplete, with only one wing operational, functioning primarily as a basic clinic treating local children for malaria. The promised golf course was far from complete, and the rental homes built for farmers were described as little more than vacant concrete boxes with no facilities.

    The Shaws eventually withdrew their lawsuit in May 2025 after a settlement was reached, but only after the case had been transferred between courts in Utah and New York. The withdrawal was done “without prejudice,” meaning they retain the right to refile in the future.

    Earlier Warning Signs

    Mwale’s troubles in America date back much further. In 2009 and 2010, his company SBA Technologies was sued in New York for failing to pay rent for its headquarters on Fifth Avenue. By 2015, the unpaid rent and interest charges totaled Sh27 million.

    In 2010, two co-directors of an addiction treatment center filed a complaint claiming they were deceived into investing Sh34 million in SBA Technologies. They said Mwale told them their investment would increase more than 30-fold to Sh1.1 billion if the company was listed on the stock exchange. The company was never listed and was dissolved in 2010, though it was later revived.

    Mwale has also faced questions about his credentials. While he claims to have studied at Columbia University, a university spokesperson confirmed he attended in 2004 but did not receive a degree. The Kenya Defence Forces dismissed his claims of being a qualified radar technician or aeronautical engineer, stating he was fired for being absent without leave in 1999.

    The Kakamega County Battles

    Back in Kenya, Mwale’s relationship with local authorities has been rocky from the start. In 2017, Kakamega County Government threatened to demolish the Mwale Medical and Technology City project, claiming the investor violated multiple laws including the Physical Planning Act, Public Health Act on Housing and Sanitation, County Government Act, and County Land Registration Act.

    The county argued that Mwale never received proper clearance to undertake the development. He went to court and obtained orders blocking the demolition, but the legal battles strained relations with local authorities.

    Despite these troubles, Mwale has continued to announce ambitious expansion plans. He has claimed partnerships to build similar medical cities in Botswana, Ghana, the Republic of Congo, Sierra Leone, and the Democratic Republic of Congo. However, investigations have found that many of the companies cited as partners on MMTC’s social media pages have not actually invested.

    The Media Campaign

    Throughout these controversies, Mwale has maintained an aggressive media campaign. In the early years of the Kakamega project, mainstream media carried glowing articles describing it as a “game changer” that would transform western Kenya. The project was compared to Silicon Valley and promoted as Kenya’s gateway to becoming a technology hub.

    Celebrity endorsements added glamour to the project. Italian influencer Elisa De Panicis, an ex-girlfriend of Portuguese football star Cristiano Ronaldo, visited the medical facility and reportedly enrolled more than 300 family members in a National Hospital Insurance Fund scheme that was fully sponsored.

    High-profile events were organized, including the 2013 Forbes Billionaires Symposium in New York, sponsored by SBA Technologies. Guests included presidents from Congo, Mozambique, Kenya, and Ghana. The glitz and glamour created an aura of legitimacy around Mwale’s ventures.

    However, seven years after the project started, the media attention has largely dried up. Many of the early promotional stories have been quietly suppressed as the reality on the ground fails to match the promises.

    The Current Crisis

    The Sifatronix case has become a flashpoint because it exposes vulnerabilities in Mwale’s business model. The High Court’s decision to pierce the corporate veil and hold him personally liable sets a dangerous precedent for his other ventures. If other creditors follow suit and succeed in holding Mwale personally accountable, the consequences could be catastrophic.

    His defense strategy of relying on testimony from the now-deceased Dr. Oketch has been criticized as opportunistic. Legal observers note that with Oketch unable to be cross-examined or provide additional context, Mwale is effectively using a dead man’s words as a shield while avoiding accountability.

    The case has also become entangled in a broader controversy involving his lawyer, Senior Counsel Nelson Havi, and the Judiciary. Havi has been waging a public campaign alleging corruption among judges, claims the Judiciary has vehemently denied. Havi says he was sanctioned by Justice Mugambi in October 2025 for his outspoken criticism, raising questions about whether the judgment against Mwale is connected to this feud.

    As Mwale’s appeal proceeds to the Court of Appeal, the stakes could not be higher. A loss would not only confirm his personal liability in this case but could embolden other creditors to pursue similar claims. The precedent could unravel the corporate protections that have so far shielded him from the full weight of his debts.

    Multiple sources familiar with his operations suggest that other creditors are watching the case closely. If the appeal fails, it could trigger a cascade of lawsuits that would finally bring Mwale’s empire crashing down.

    For now, the entrepreneur remains defiant, continuing to market his vision of transforming Africa through technology and healthcare. But as the unpaid bills pile up and the legal battles multiply, questions are growing louder about whether Julius Mwale is a visionary entrepreneur or simply a man who has mastered the art of staying one step ahead of his creditors.

    The contractor’s widow may never see justice for her late husband’s work. The blind 95-year-old psychiatrist may never recover her life savings. The American investors may never recoup their millions. And the Kakamega contractors may continue to wait in vain for payment.

    In throwing a dead contractor under the bus to escape his debts, Julius Mwale may have finally gone too far. The court of public opinion has already reached its verdict. Now it remains to be seen whether the Court of Appeal will agree.

    A representative for Mwale declined to comment, citing ongoing court proceedings. But his silence speaks volumes as the walls close in on a man who once promised to build cities but may end up buried under the rubble of his own making.

  • American Couple Agrees to Withdraw Ksh.220M Fraud Case Against Julius Mwale After Out-of-Court Deal

    American Couple Agrees to Withdraw Ksh.220M Fraud Case Against Julius Mwale After Out-of-Court Deal

    New York/Nairobi – May 27, 2025

    Despite recent headlines claiming a U.S. court “dismissed” a multimillion-shilling fraud case against controversial Kenyan-born businessman Julius Mwale, court documents reveal a different story.

    The lawsuit was not dismissed by the court but voluntarily withdrawn by the plaintiffs after reaching a private settlement.

    The withdrawal was filed on May 23, 2025, after the case transferred from Utah to the Southern District of New York.

    According to PacerMonitor documents reviewed by Kenya Insights, Mathew and Brooke Shaw—an American couple who accused Mwale and his wife Kaila of defrauding them of $1.7 million (approximately Ksh.220 million)—agreed to withdraw their case “without prejudice,” meaning they retain the right to refile in the future.

    This distinction contradicts the narrative promoted by Mwale’s sympathizers and PR machinery that has characterized the outcome as exoneration.

    The court made no determination regarding wrongdoing; rather, the plaintiffs chose to halt legal proceedings after reportedly securing Mwale’s agreement to refund the disputed amount.

    A source familiar with the case confirmed the withdrawal resulted from a private settlement agreement, not judicial vindication of Mwale’s conduct.

    A Pattern of Alleged Deception

    Mwale markets himself as the visionary behind Kenya’s $2 billion Mwale Medical and Technology City (MMTC), positioning himself as a philanthropist and transformative investor.

    However, court records and legal filings reveal a troubling pattern of alleged fraud and misrepresentation spanning two continents.

    The Shaws’ case represents the latest chapter in a series of legal battles that portray Mwale as someone who exploits trust and misrepresents his wealth to attract investors into questionable schemes.

    A timeline of alleged fraud

    The Shaws first encountered Mwale at a private Utah dinner in February 2022.

    From the beginning, Mwale and his wife presented themselves as ultra-wealthy investors with global connections.

    They claimed ownership of a $250 million wine collection, an $870 million jewelry reserve, and a private jet—later revealed to be leased.

    The couple invoked prominent names including Senator Mitt Romney, Google CFO Ruth Porat, and UN officials to establish credibility.

    Mwale presented what turned out to be a fictitious team, including a purported “rocket scientist from Boeing” and “former Kofi Annan aide.”

    By mid-2022, the Shaws had transferred over $1.7 million to Mwale, believing they were investing in a Democratic Republic of Congo battery factory and geological surveys for African smart cities.

    Mwale promised 20% annual returns, characterizing their investment as a secure “loan” backed by his company Tumaz and Tumaz, which he falsely valued at $60 billion.

    The unraveling

    Investigation revealed the promised ventures did not exist, and the investments produced no returns. Background checks exposed extensive litigation history, dissolved companies, unpaid debts, and failed patents. Notable cases include:

    • In 2010, Mwale’s SBA Technologies was dissolved following investor lawsuits over unreturned funds
    • In 2012, a New York court ordered him to refund $266,000 to medical professionals who invested in his failed tech startup
    • In 2015, a Manhattan landlord pursued over $209,000 in unpaid rent and interest
    • Separate litigation resulted in orders to repay over $150,000 borrowed from a New York attorney

    Despite this litigation history, Mwale maintains an active social media presence projecting success through appearances with African presidents, tech leaders, and at high-profile events. This digital strategy has obscured years of legal troubles, potentially misleading prospective investors.

    Questions surrounding the Kenyan venture

    Following his U.S. legal difficulties, Mwale pivoted to Kenya in 2015, establishing Tumaz and Tumaz Enterprises to develop the MMTC project in Butere, Kakamega County.

    While the initiative has attracted government attention, questions persist regarding funding transparency, project valuations, and Mwale’s track record of meeting financial obligations.

    Some investors now view MMTC skeptically, concerned the project—promoted as a transformative health-tech city—may serve primarily as a vehicle for personal enrichment and reputation rehabilitation.

    Implications

    The voluntary withdrawal of the Shaws’ case does not constitute legal vindication. The “without prejudice” designation preserves their right to resume litigation, and the emergence of other alleged victims in both the U.S. and Kenya suggests Mwale’s legal challenges may continue.

    For investors considering opportunities associated with Mwale, this episode underscores the critical importance of thorough due diligence, financial transparency, and healthy skepticism toward investment presentations that may not withstand scrutiny.

    Mwale’s recent escape from New York litigation reflects settlement negotiations rather than judicial exoneration. The evidence suggests someone who has managed to delay legal consequences through financial agreements, not someone proven innocent of wrongdoing. Given the ongoing pattern of allegations and previous court orders, Mwale presents significant risks for investors in African innovation and development projects.

    The distinction between settlement and vindication matters—for justice, for future potential victims, and for the integrity of investment opportunities across Africa’s growing technology sector.

  • Businessman Julius Mwale And Wife Cons American Citizen Of Sh222M Using US Ambassador Meg Whitman’s Name

    Businessman Julius Mwale And Wife Cons American Citizen Of Sh222M Using US Ambassador Meg Whitman’s Name

    Mathew Shaw and Brooke Shaw have been shown dust by the fake billionaire Julius Mwale. Like women love what they hear, men love what they see. Smart enough was Julius Mwale and his wife Kaila Mwale to have tricked the Shaw family with photos and videos of dignitaries and world influential leaders blinding them into den of lions. Like aviator, $1,700,000 (Approx Ksh222 million) gone.

    To sell their snake oil, the Mwale’s packaged themselves as billionaires with wealth spanning generations, to fit with the caliber of the Shaws, they claimed to having a wine collection valued at approximately $250 million, a jewelry collection worth $870 million, building a battery manufacturing plant in DRC, a 5,000 bed capacity hospital with a cancer centre in a city within a village in Butere, 12 undeveloped cobalt mines in various parts of Africa, pictures with world leaders, in Forbes under 30, properties and real estates in San Jose, California and many more silicon valley stories.

    Now premium tears.

    Here’s the fairy tale according to New York court documents seen by Kenya Insights;

    1. Mat and Brooke Shaw (collectively the “Shaws”) first met Julius and Kaila Mwale (collectively the “Mwales”) on February 18, 2022, at the home of Gordon Bowen in Holladay, Utah, where Mat and Savanna Shaw (the Shaws’ oldest daughter) performed for guests that were invited to a private dinner party.
    2. The dinner included a number of wealthy, influential, and prominent attendees.
    3. The Mwales also attended the February 18, 2022, dinner.
    4. Presenting themselves as billionaires, the Mwales made an immediate connection with the Shaws, initially under the guise that their children could be friends.
    5. Soon after making this connection, Julius began sending Mat text messages sharing recordings of supposedly private video calls and emails with prominent individuals such as Senator Mitt Romney, Meg Whitman (the U.S. Ambassador to Kenya), Ruth Porat (CFO of Google), David Beasley (president of UN World Food Program), and others.
    6. Julius also shared supposedly confidential contracts with prominent companies, all in an apparent effort to bolster his credibility with the Shaws.
    7. Other videos Julius sent appeared to show the Mwale children on what was represented to be one of the Mwales’ private jets.
    8. Julius represented on February 18, 2022 (and many times thereafter) that he owned the jet, though the Shaws have since learned Julius does not own the jet but leases it from a company in which Julius has no ownership interest.
    9. The Mwales also invited the Shaws to visit their estate in San Jose, California, which they did on several occasions.
    10. Julius represented in May 2022 that he and his wife Kaila owned this estate, though the Shaws would later learn that neither Julius nor any holding company he owns has title to the property.
    11. During the Shaws’ visits to the San Jose property, the Mwales showed off extravagant features of the estate, including expensive cars (that they claimed to own) worth hundreds of thousands of dollars, and a wine cellar they claimed held a wine collection valued at approximately $250 million.
    12. The Mwales also claimed that they owned a jewelry collection worth $870 million.
    13. In further overtures to strengthen ties with the Shaws, the Mwales expressed interest in being “godparents” to the Shaw children.
    14. The purpose – and, ultimately, the effect – of these interactions was to suggest to the Shaws that the Mwales were persons of importance and influence, with access to power and significant means, and that associating with them would provide the Shaws with potentially lucrative opportunities.
    15. The Mwales then began sharing with the Shaws their vision of “changing the world” and “solving world hunger.”
    16. The Mwales also offered to include the Shaws in their plans, which they claimed would give the Shaws an opportunity to build “generational wealth.”
    17. By March 2022 – and specifically on or around March 18, 2022 – the Mwales were pushing the Shaws to contribute to a series of investment opportunities run by Julius.
    18. In the March 18, 2022, meeting – an in-person meeting at the San Jose estate with Julius and Kaila – the Mwales represented that the Shaws’ investments would generally be put toward building a battery manufacturing plant and surrounding infrastructure.
    19. In a later in-person meeting on May 20, 2022, Julius represented that several African countries had gifted him millions of acres of land to help build energy-efficient self-sustaining cities, similar to one he claimed to have already built in his hometown in Kenya.
    20. Julius further claimed at this May 20, 2022, meeting that the Shaws’ money would be spent on geological surveys in the Democratic Republic of the Congo (DRC) to build infrastructure that would eventually support a battery manufacturing plant.
    21. The Mwales also introduced the Shaws to “Christine Allyn,” who was supposedlyJulius’s chief of staff.
    22. The Mwales claimed that local farmers in the area of these cities they were helping to develop benefitted from the rising value of the nearby land, making them millionaires (in U.S. dollars).
    23. The Mwales claimed Christine was a former personal assistant for Kofi Annan, a former United Nations general secretary.
    24. Julius represented that he had been gifted land that included 12 undeveloped cobalt mines in various parts of Africa, including the DRC, to develop in order to build battery manufacturing plants.The Mwales introduced the Shaws to certain individuals that were close partners in their operations, including a man named Derek William, whom the Mwales represented was a rocket scientist they had “poached” from Boeing, and who supposedly owned the company “KE International.”
    25. The Mwales claimed that they had built the largest, most advanced hospital in the world, with state-of-the-art technology, five thousand beds, and an advanced cancer treatment facility.
    26. The Mwales claimed that their programs included development of the surrounding area, including building a luxury golf course on donated land and building rental homes on the farmers’ properties (to be donated to the farmer for free) so they could generate rental income.
    27. Julius represented that KE International was an independent, third-party construction and engineering company that he had awarded the contract to for the purpose of building these self-sustaining cities.
    28. The Mwales told the Shaws that the Mwales typically relied on their own assets for investment opportunities of this kind, but that they were “allowing” a close circle of family and friends, including the Shaws, to contribute upwards of $50 million as outside investors in the project.
    29. Julius told the Shaws that “the window was closing” and time was “running out” and that he wanted them to be able to participate in the investment.Julius offered to take money from the Shaws as a “loan” with a guaranteed twenty percent per annum return.
    30. Nevertheless, the Mwales both assured the Shaws that the upside on their investment would not be limited to repayment on the loan but would be rolled into the investment with the potential to generate returns of ten times the initial contribution.
    31. The Mwales provided further reassurance by promising that if the Shaws ever wanted the money they were investing back, the Mwales would simply return the Shaws’ contribution – even if it meant having to sell a few bottles from their wine collection.
    32. The Mwales also represented to the Shaws that the funds they were contributing would be rolled into investments managed by Julius’s parent company, Tumaz and Tumaz, which they were told was worth approximately $60 billion.
    33. Swayed by these promises and assurances, the Shaws agreed to invest in the Mwales’ projects.
    34. The Shaws made their first monetary contributions to the Mwales on April 4, 2022.
    35. By June 22, 2022, the Shaws had paid the Mwales a total of approximately $1.7 million (222million ksh)
    36. The Shaws Learn the Truth

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    “Loan Modification Agreement” and Partial Payments

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    For full lawsuit, here

    [pdf-embedder url=”https://cms.kenyainsights.com/wp-content/uploads/2024/08/Complaint-Shaws-1-24cv-122-AMA.pdf” title=”Complaint – Shaws – 1-24cv-122-AMA”]

     

    Julius Mwale’s Background

    Mwale, once presented by Forbes magazine as “one of Kenya’s top entrepreneurs”, and fêted for his rags-to-riches life story in which he claims to have created a “multi-billion-dollar” company in the US.

    With ambitious and well-publicised projects to build pioneering smart cities in Kenya and Senegal, he enjoys rubbing shoulders with African presidents and celebrities from the worlds of entertainment and sports.

    However, investigations by several media outlets has debunked this myth, one that of a trail of claims for unpaid bills, disputes with investors and lenders, and unfinished projects.

    At a very public level, Mwale can be found on social media posts photographed together with various American and African political figures, including several presidents. The latter include Donald Trump (in August 2021), Ghana’s Nana Akufo-Addo (September 2022), Sierra Leone’s Julius Maada Bio (October  2022). He hs been pictured on numerous occasions with Kenyan President William Ruto, who he accompanied on an official visit to the Republic of Congo in early July. In June, Botswana’s vice-president Slumber Tsogwane led a large delegation on a visit to the Mwale Medical and Technology City.

    The Mwales in State House, Nairobi.

    Meanwhile, in May 2023, several local media reported that Mwale was among a group of investors hoping to buy Forbes Global Holdings Inc. from owners Integrated Whale Media Investments, but there have been no further reports of Mwale’s involvement in the project.

    The story as told by Julius Mwale is one of an Africa that wins, and an African entrepreneur who gives back to his community. At the Forbes Under 30 Summit Africa, an event held in April this year in Botswana and which presented those who the US business magazine identifies as inspiring models from the continent’s business world, Mwale was given a rapturous welcome.

    Before a gathering that included senior officials from several African governments, Randall Lane, who has the title of chief content officer at Forbes, interviewed him on stage in a one-to-one conversation extolling Mwale’s business adventures. “When you have these rags to riches sagas, sometimes we have orphans,” Lane began. “Other times, maybe it’s someone [who was] poor or homeless, or they were a refugee or an immigrant. But you know, you’re, like, all of those things, which makes your rise even more impressive.”

    Mwale, born in the mid-1970s in Kenya, told the audience how his first professional step in life was to join the Kenya Air Force before later emigrating to the US. He explained how he made his fortune in New York where, following the September 11th 2001 terrorist attacks which highlighted financial security issues, “I invented biometric technology used to secure online [banking] transactions”. The technology, he said, was adopted by banks in the US.

    His first company, SBA Technologies, was registered in New York in 2003 and, he told the gathering, it “became one of the largest biometric companies in the world”. By 2008, he said, SBA Technologies had “grown into a multi-billion-dollar company”.

    Mwale was keen to present his project of a “smart city”, called Mwale Medical and Technology City (MMTC), in western Kenya, which includes a medical structure “that would be able to stop people in Africa from going to India every year for medical treatment”. This, he told Lane, was prompted by his desire to “give back to the community in Kenya” where he grew up, and to “give back to the community in Africa”.

    Independent investigations reveals not only that Mwale did not create a vast fortune as he claims, but that a number of his projects were never followed through to the end. Over the past 15 years, this self-proclaimed billionaire has been regularly accused of leaving a trail of unpaid bills in his wake. Meanwhile, he continues to make waves announcing ambitious projects and associating with heads of state and celebrities to promote his smart city projects in Africa.

    Rejected patent applications and unpaid rent

    In a number of interviews he has given, including that with Forbes, Mwale said that upon first arriving in New York he lived in a shelter for the homeless. He has also claimed to have gained a diploma from Columbia University. Contacted, a spokesperson for the university said: “We can confirm that Julius Mwale attended Columbia University in 2004, but did not receive a degree from Columbia”.

    While he has claimed that his company, SBA Technologies Inc., became a “multi-billion-dollar company” it was never listed on a stock exchange. In 2010 the company was dissolved, before it was revived two years later.

    In the mid-2000s, Mwale applied for patents for his secure transaction system in several countries, including the US, Canada and India. None of these applications succeeded. Delivering its opinion on the application, the United States Patent and Trademark Office (USPTO), in a document dated July 9th 2007, found that the technology employed “lacks an inventive step” and contained “obvious” modifications to existing technologies.

    In 2009, Jacob’s First LLC, the owner of the building housing the headquarters of SBA Technologies, on New York’s upmarket Fifth Avenue, filed a complaint against the company, and Mwale as guarantor, for unpaid rent, amounting to close to 145,000 dollars. In 2011, Mwale was ordered to settle the unpaid rent. But four years later, the owners of the building had still not been paid and filed a fresh complaint. The sum owed by 2015, both in unpaid rent and interest charges, totalled 209,228.37 dollars.

    In July 2010, Dianne Schwartz and Marilyn White, co-directors of an outpatient unit treating people with addictions, filed a complaint before the Supreme Court of the State of New York, claiming they had been deceived into investing 266,000 dollars (133,000 dollars each) in the capital of SBA Technologies. They said that they had been told their investment would increase in value more than 30-fold – at 8.8 million dollars – in the event of the company being listed on the stock exchange.

    Their complaint was against SBA Technologies, Julius Mwale and a psychiatrist called Fiona Graham who they said had introduced them to Mwale. Graham had worked at their addiction treatment centre. In 2012, Mwale was ordered to refund the total sum of their investment, plus 58,000 dollars in interest.

    A separate and earlier case involved New York lawyer Stanley S. Zinner, who gave Mwale a loan of more than 150,000 dollars, a deal in which Fiona Graham appears again to have been the intermediary. When the loan was not repaid, Zinner filed a legal complaint against Mwale and the latter was ordered by the Supreme Court of the State of New York to refund the lawyer. When Mwale failed to do so, Zinner took action against Graham, who is co-director of a foundation created by Mwale and his wife Kaila called the American Institute for African Development. Graham did not respond to questions sent to her, while Zinner could not be reached.

    It was following his legal problems in the US that Mwale turned his attention to Kenya, in 2015, where he set up a company, Tumaz and Tumaz Enterprises Limited, for his project to build a “smart city” in Kakamega county, situated around 400 kilometres north-west of the Kenyan capital Nairobi. Two years later, the first buildings had been erected, and Mwale went about promoting the project in the Kenyan media, even comparing it to Silicon Valley.

    Describing it as a metropolis, he spoke of the future construction of an airport, residential blocks and hotels, cableways, solar-powered streetlamps, and a technological site destined to produce biogas from waste material. Speaking at the Forbes Under 30 Summit Africa, he told Randall Lane that 2 billion dollars had been invested in the project and that its 35,000 inhabitants had become a new African middle class.

    In reality, the Mwale Medical and Technology City contains a number of buildings situated on a surface area of about one square kilometre. Satellite images, like also promotional photos, show a small supermarket, a golf course, a tiny café, a few houses and a hospital built in concrete and glass which was supposed to have a capacity of 5,000 beds – a volume which would make it the largest in Africa and the second-largest worldwide.

    A call to the hospital reception revealed that the so-called “Advanced Cancer Treatment and Diagnostic Center” is not operational, and that the establishment treats at most around one hundred people daily, in outpatient care, and mostly for malaria.

    Americanisms abound at the “smart city” site: the supermarket is called Mwalmart in an apparent tongue-in-cheek reference to the US retailer, the hospital is Hamptons Hospital, and there is the Hamptons Golf Resort and Residences.

    There is also a small hotel called Major Mwale Resort and Spa, which accepts no online reservations and which is promoted on social media by Tindi Mwale, the brother of Julius Mwale, who is a member of parliament for the local constituency.

    There are mostly only promotional photos or videos of the Mwale Medical and Technology City in public circulation, in which individuals appearing as a doctor, client or resident are often the same. Also featured in the promotional pictures are Elisa de Panicis, a reality show star and former girlfriend of footballer Cristiano Ronaldo (she did not respond to Mediapart’s request for comment), and the South African models Genevieve Morton and Candice Swanepoel.

    He’s a swindler, a fraudster, I don’t understand how he’s still in the game.

    Marlon Stoltzman, agent for models Candice Swanepoel and Genevieve Morton

    In May 2019, Swanepoel entered into a “modelling” contract with Mwale Medical and Technology City worth 960,000 dollars. Two years later, after not being paid the amount, she and her agent, Marlon Stoltzman, launched proceedings against Mwale to settle the dispute of breach of contract through arbitration. Mwale argued, among other things, that he did not sign the contract and therefore had no contractual relationship with Swanepoel and Stoltzman. Based on those claims, the Supreme Court of the State of New York called on the model and her agent to abandon the move for arbitration. Contacted, Swanepoel’s lawyer did not offer any comment on the issue, while Mwale’s lawyer, Javier Munzala, insisted the businessman owed the model nothing.

    Marlon Stoltzman, agent for both Swanepoel and Morton, is scathing of Mwale. “He’s a swindler, a fraudster, I don’t understand how he’s still in the game,” he told Mediapart. “It’s as if he’s managed to clean up the internet because when we started with him, there was nothing on him, everything looked in order.”

    “He even promised Genevieve a house but she ended up working for him for a year for free,” he added. “I personally had to advance expenses: 45,000 dollars for plane tickets, equipment rental, hotels. He paid 20,000 dollars after months of phone calls and redoing invoices and using every trick in the book. He always had an excuse not to pay.”

    Claims for unpaid bills totalling 2.5 million dollars

    Others who complain of not being paid for their involvement in the Mwale Medical and Technology City project include Robert Okumu, a director of a company called Sifatronix which supplied ballast sand, murram and trucks for the construction of roads. “Julius Mwale said he would pay within 45 days,” he told Mediapart, speaking in July. “He owed me more than 30 million shillings [233,000 euros]. He gave me bounced cheques. It’s been six years and I still haven’t been paid.”

    According to the sums cited in different legal complaints filed in Nairobi and New York over the past 15 years, Mwale and his different companies are accused of not honouring a total of about 2.5 million dollars in agreed fees.

    Between 2018 and 2021, the Mwale Medical and Technology City announced on social media a number of new partnerships with investors from around the world. However, some of the better known of these, including French IT services and consultancy company Atos, French property development and management company Groupe Duval, and the Florida city of Fort Lauderdale, have denied investing in the project.

    Enrolling R&B star Akon for a project in Senegal

    At the Forbes Under 30 Summit Africa, Mwale spoke of a “big US company” involved in his projects, but did not name it. Four months after the creation of Tumaz and Tumaz Enterprises Limited in November 2015, a company called KE International was registered in the US state of Delaware, where requirements for transparency in business activity are notably relaxed. As an example of this, the beneficiaries of KE International are not named. While it appears to be linked to Mwale, his lawyer rejects the suggestion.

    It is KE International that represents the Mwale Medical and Technology City project in the US, as was the case in the contract with Candice Swanepoel. In Kenya, Mwale’s company Tumaz and Tumaz has represented KE International in legal conflicts.

    On its website, which was created in 2020, KE International claims to have “a portfolio containing more than USD $8 Billion in projects”. Just two are detailed; the Mwale Medical and Technology City and Akon City in Senegal. The latter was launched, also in 2020, amid great publicity, with the US-Senegalese R&B star Akon laying the first stone at the site. Its futuristic design, worthy of the Marvel Comics’ fictional technological empire of Wakanda, drew significant press coverage both in Senegal and around the world. KE International is presented as the builder of the project, while Mwale has occasionally been described as one of its first investors.

    According to a source once close to the family of Mwale’s wife Kaila, the “KE” in KE International refers to them. The source, whose name is withheld, said one of Kaila’s brothers, Derek Knox, a former Boeing employee and member of the US National Guard, created a company called Knox Enterprises.

    “The two families lived together in the same house in Florida,” said the source. “They keep everything very compartmentalized, I think in hindsight they do it on purpose.” Mwale’s brother-in-law Derek Knox signs contracts for KE International, such as that involving Swanepoel, using the name Derek William, which is also the name by which he is identified on the KE International website. But nothing on the website indicates he plays a significant role in the company.

    In Kenya, another of Kaila Mwale’s brothers, Daniel Knox, is involved in the Mwale Medical and Technology City project. His name does not appear on the KE International website, nor on the social media posts published by Mwale Medical and Technology City.

    According to a new official representative of the Akon City project in Senegal, and whose name is withheld, neither KE International nor Mwale were able to raise the funding that was required. “For a project like that, which will last 15 or 20 years, you need international actors who can reassure investors, companies that are listed on the stock exchange and which are worth billions of dollars,” he said.

    Mwale with Akon.

    The singer Akon recently featured alongside Mwale on social media posts published by the Mwale Medical and Technology City, in which KE International was presented as a consultant for Akon City. The representative for the project cited immediately above said the contacts with the company were limited to discussions about the building of a hospital. The “city”, meanwhile, has still not emerged from the earth.

    The story becomes all the more confusing when considering the profiles of those associated with KE International and Derek Knox. Up until September 2021, an individual called Paul Martin was introduced in press reports as the spokesman for the Akon City project. At the time, this former member of the US Air Force was still an officer with the Florida Air National Guard. On his LinkedIn profile, he presented himself, from August 2021, as a full-time commander of one of its units. The press office of the National Guard said he was in fact active part-time.

    Other directors who appear on the KE International website are all American and have similar profiles to Derek Knox and Paul Martin. Most of them were with the National Guard or worked for Boeing. According to the aforementioned source who was once close to the Knox family (that of Mwale’s wife Kaila) some of them are simply investors. “They ask to put you on the website, but most people have no responsibility within KE international, or even access to internal documents,” said the source. “They promise a high rate of return on investment after one or two years, and rather than repay, they promise more and more.”

    On the advisory board of the company sit a number of former senior US military officers, including Joe N. Ballard, who in 1996 was appointed by then US president Bill Clinton as the army’s Chief of Engineers. After retiring from the military, Ballard created a company called Ravens Group which has gained contracts worth millions of dollars with the US administration. In Kenya, he is presented as an investor in the Mwale Medical and Technology City. Ballard did not respond to Mediapart’s request for comment.

    Several other retired military officers, including generals, vice- and rear admirals have been, at one time or another, involved with KE International. Questioned about a possible conflict of interests, a spokesman for the Pentagon press office insisted: “The retired individuals are now private citizens.”

    Recently, The Industrial development corporation of Zambia(IDC) finalized a wide ranging deal with Julius Mwale in Lusaka , Zambia.


    IDC chaired by President Hakainde Hichilema of Zambia signed the deal after seven months of negotiations between the consortium led by the tycoon and the government of Zambia.

    The deal comes after a US firm KoBold Metals discovered large copper deposits at its Mingomba copper project in Zambia near the border with DRC . KoBold metals which is backed by billionaires including Bill Gates and Jeff Bezos discovered one of the world’s biggest high-grade large copper mines early this year. It said it had raised $150 million for the exploration process in Zambia.

    All we can say is that Mwale leaves no stone unturned, its just a matter of time before Zambia President realize he was coerced.

  • West Sugar Kenya And Vartox queries Mumias receivership accounts

    West Sugar Kenya And Vartox queries Mumias receivership accounts

    A secured creditor wants KCB appointed receiver manager Ramana Rao summoned over a report concerning the accounts of Mumias Sugar company, which he filed in court in January.

    Vartox Resources Inc, one of the creditors of the ailing miller says Rao should appear in court and explain the books of accounts of the miller for the last two years.

    In an application supported by rival West Kenya sugar company, Vartox also wants KCB group chief executive officer Joshua Oigara to appear in court for cross-examination.

    Through lawyer Ismael Abbas, Vartox also claimed that Rao has failed to produce a detailed valuation report as ordered by the court.

    Mumias Sugar receiver-manager Ponangipalli Venkata Ramana Rao.

    Abbas submitted that it has become necessary for Rao to be cross-examined on the inconsistencies, falsehood and coverup that he has engaged in during his time as receiver manager of Mumias Sugar.

    He said Rao’s recent actions to lease the assets of Mumias Sugar to Sarrai Group Limited is littered with inconstancies.

    “As the applicant’s application dated January 28, 2022 is under insolvency Act 2015, there is no provision for a viva voce hearing unlike in civil cases and the applicant does not have ant way to question Rao on the many inconsistencies to bring him to account for his law as administrator and receiver of Mumias,” said Abbas.

    He further submitted that Rao has conducted himself in a manner meant to disenfranchise other creditors and stakeholders of Mumias Sugar, who have a debt portfolio exceeding Sh30 billion.

    Abbas said the affairs of Mumias are of significant public interest as held by the court in a ruling on 19 November 2021.

    Senior Counsel Paul Muite, who represents West Sugar supported the application saying Rao and KCB should come and explain the inconsistencies.

    West Sugar has challenged the lease to Sarrai Group wondering how as the highest bidder, the miller missed out on the 20-year lease.

    “He should not only be removed as an administrator, his conduct makes him unsuitable for a receiver or administrator,” Muite submitted.

    Muite questioned what Rao is hiding since he has not availed the lease documents as requested

    He urged the court to direct Rao to produce all documents supporting every entry that appears in his “abstract” filed with the court on January 18, 2022.

    Muite said other than cross-examination, the two should also produce all documents including e-mails, letters and all correspondence exchanged with Rao, all board resolutions and approvals given to the administrator in relation to the leasing of Mumias’ assets to Sarrai Group.

    Rao was given the nod to lease Mumias Sugar after receiving bids from several entities.

    “Rao has leased the Company’s sugar factory and related assets to the lowest bidder in circumstances that point towards fraud since the 20-year lease executed will expire with Mumias continuing to be mired in debt with its assets potentially wasted and the only financial beneficiaries of the 20-year lease are the lowest bidder and the 1st Respondent. None of Mumias’ historical debts will ever get repaid in those 20 years,” added lawyer Abbas.

    Rao allegedly discarded the highest bidder’s bid on the basis that it would not achieve the goals of the lease which was to turn around the Company to profitability.

    Rao proceeded to award the bid to the lowest bidder after carrying out a technical evaluation but which losing bidders say was marred by opacity and serious anomalies.

    The lawyer said Rao has not explained to Vartox or any of the other creditor how a bid of Sh6 billion over a period of 20 years will revive Mumias whose debts are in excess of Sh30 billion.

    “In attempting to justify his flouting of the court orders, the 1st Respondent has relied on provisions of the repealed Companies Act that no longer exist in law. He has attempted to justify filing an abstract because Section 351 of the repealed Companies Act provided for the filing of abstracts,” lawyer Abbas added.

    He added that Rao needs to be cross-examined on the basis for his reliance on repealed statutes which impact on his competency to act as a receiver considering he is unable to follow simple court directions and is relying on repealed statutes to carry out his duties.

    He pointed out that Rao spent more than Sh 71 million paying lawyers and unnamed consultants and has also procured valuation reports after paying Sh21.9 million.

    “Despite requests to him to supply details of these payments and the valuation reports, Rao has ignored these requests”.

    Rao, he said, operated Mumias’ assets as though Mumias is his personal property.

    “Apart from operating the Ethanol plant when he had no mandate to because KCB’s security did not extend to the Ethanol plant, he has refused to account for any of the proceeds from the operation of the Ethanol plant,” he said.

    “Furthermore, he has borrowed money through an overdraft from KCB to the tune of Sh216 million in unclear circumstances, thereby further compounding Mumias’ woes and increasing its debt portfolioand the interest alone on the KCB overdraft amounts to Sh. 23 million, a figure that is more than 1 months’ lease rental that is being paid by the lowest bidder.

    He said Rao should be crossexamined so that he can explain in detail the borrowings, what he has used the money for and how it impacted Mumias’ balance sheet as well as when the applicant’s outstanding debt will be cleared based on the current lease to the lowest bidder”, he added.

    No cross-examination

    Last momth, PVR Rao opposed calls by creditors of the miller to be cross-examined over its accounts for the last two years.

    Two creditors- a lawyer who previously acted for the company and who is owed Sh96 million and a supplier, sought to cross-examine Mr Rao over the accounts he filed in court last month.

    Lawyer Jackline Kimeto wanted Mr Rao to answer questions surrounding professional and legal fees, which run into millions of shillings, donations, public relations expenses, security costs amounting to more than Sh150 million, repairs and maintenance of the distillery and the factory, among others.

    It is also her view that the money the receiver generated in the last two years should have paid KCB’s debt.

    Another law firm, Wekesa and Simiyu Advocates also wants Mr Rao to demonstrate the time frame that the highly contested lease will take to repay KCB’s debt.

    Also sought is a copy of the evaluation criteria prepared at the time of making the invitations for bids to lease the assets of the company and Mr Rao’s charges per year, since his appointment as the receiver up to December 31, last year.

    “Please furnish copies of the consents procured by yourself and the successful bidder from the Competition Authority and the Capital Markets Authority and any other statutory bodies as condition precedents prior to entering any lease and handing over the company assets to Sarrai Group,” the letter adds.

    Mr Rao awarded the 20-year lease to Sarrai Group in December but several bidders have challenged it in court.

    Wekesa and Simiyu advocates wrote a letter to Ramana Rao demanding the manager to demonstrate the time frame in months and years that the highly contested lease will take to “extinguish the lawful indebtedness of Mumias Sugar Co.

    Legal battle over the Mumias Sugar Company lease award continues to rage on,with Wekesa & Simiyu Advocates law firm now demanding a copy of the lease agreement entered between the receiver-manager Ponangipalli Venkata Ramana Rao & Sarrai Group in December, 2021.

    Mr PVR Rao, the administrator of Mumias Sugar, told the High Court that it is not correct to assume that the highest financial bid should have won the 20-year lease, but he had to consider the technical aspects, besides the financial proposal.

    His lawyer, Senior Counsel Kimani Kiragu, said it was his considered opinion that West Kenya, which bid Sh36 billion for Mumias, was not interested in the revival of the miller but intended to stall the operations to ensure it continues to enjoy the monopoly in the sugar industry.

    “I clearly indicated that the bids I received would go through both technical evaluation and financial evaluation. It is not correct to proceed, as West Kenya and Tumaz & Tumaz have done, on the basis that the highest financial bid alone would be the winner,” Mr Rao said in an affidavit.

    Mr Kiragu further said West Kenya failed to demonstrate how it would pay Sh150 million per month, and Sh1.8 billion per annum, for the lease as captured in its financial bid.

    In the affidavit, Mr Rao said he was aware that the Rai Group, which is linked to West Kenya, took over Pan Paper Mills Limited in Webuye in 2016, but the paper-making company has not been in operation for more than 11 years.

    The court heard that the bid was for the leasing of assets for 20 years, and not for a sale, as mistaken by farmers and suppliers who filed the case challenging the lease to Sarrai Group.

    Mr Kiragu said the Mumias Sugar assets are mainly industrial and are prone to degradation due to corrosion if they are left non-operational for a long time.

    He disputed claims that he rushed the process but took about a month to finalise the evaluation and award the lease to the Sarrai Group.

    He said Tumaz & Tumaz a company associated with businessman Julius Mwale was trying to fill the gaps in its bid by submitting a fresh one through the court case, and that the company was trying all means to scuttle the process by filing the court cases.

    Jaswant Rai of West Kenya has faulted the lease saying the bidding process was shrouded in secrecy and lacked accountability and transparency.

    Pulling back revival of Mumias Sugar

    When lawyer Jackline Kimeto filed an insolvency petition against Mumias in April, 2019, she was hopeful that her move would pressure the miller into paying her Sh76 million debt.

    The miller’s shame

    Ms Kimeto had defended Mumias in a suit filed by Kenya Power in 2015, seeking Sh1.1 billion in unpaid electricity bills. She also handled other cases for the company.

    But her petition pulled a thread that would eventually undo the seams holding together what was left of Mumias’ clothing, exposing the miller’s shame: It was flat broke and headed down the murky waters of bankruptcy.

    More than 80 creditors joined the insolvency suit. Five months later, KCB placed Mumias under receivership. The lender appointed Ponangipalli Venkata Ramana Rao as receiver manager.

    On September 25, 2019, the NSE suspended trading of Mumias’ shares on account of the receivership. Mr Rao’s first move was to fire all 900 workers as he started reviewing the miller’s books and operations. The number of staff was a pale shadow of Mumias’ heyday, when more than 9,000 people were on its payroll.

    Unhappy with KCB’s move, Ms Kimeto filed an application challenging the manner in which the lender placed Mumias under receivership. She filed a second application seeking to have an administrator appointed to take over the miller’s management.

    High Court judge Mary Kasango issued orders temporarily barring Mr Rao and KCB from selling or transferring Mumias’ assets, pending determination of Ms Kimeto’s application.

    As the lawyer’s application was still lingering in legal red tape, a section of creditors was growing disgruntled with Mr Rao and KCB. They felt that the receiver manager was biased towards KCB at the expense of other creditors.

    Creditors resolved in an October 16, 2019 meeting to have an administrator who would be answerable to anyone owed money by the collapsed miller.

    Barely three weeks later, Mumias lenders met with representatives of the Kakamega County government and resolved to form a steering committee that would oversee the revival of the miller.

    The committee was to have Ashitiva Mandale, George Kashindi, Lynette Okiro and Ms Kimeto. The final slot was reserved for a representative of the National Treasury. The group would work with Mr Rao.

    When Mr Rao took control, the firm had not produced sugar for more than a year. More than 25,000 farmers dumped Mumias over non-payment of their dues. Strangely, ethanol had become the biggest and only reliable source of income for the miller.

    Blessing in disguise

    The receiver manager halted the remaining operations, pending a restructuring process that would be guided by a detailed review of issues affecting the company.

    On March 15, 2020, President Kenyatta announced a partial economic shutdown after Kenya reported her second and third Covid-19 cases. It was doom for most companies.

    But for companies like Mumias, it was a blessing in disguise because ethanol suddenly became the most sought after raw material because there was not enough hand sanitiser to satisfy the local demand.

    Even the police were surrendering ethanol confiscated from illicit brewers to make more sanitiser. Mumias had resumed ethanol production one month before the partial economic shutdown. At some point, the miller was producing 150,000 litres of ethanol a day.

    There was, however, a pause between December 2020 and February 2021 following a molasses shortage. Mr Rao eventually sourced for molasses from rival millers and resumed the ethanol production.

    Mumias also received a huge boost from the Kenya Revenue Authority (KRA), which opted to waive a Sh11 billion tax bill, a huge chunk of the miller’s debts. In April last year, Mr Rao said he intended to lease out Mumias’ assets for a 20-year period that would ensure the miller’s survival and repayment of debts.

    Tycoon Narendra Raval emerged as the most interested candidate through his Devki Group of Companies. Court proceedings would later reveal that the Devki Group had placed a Sh60 billion bid for the 20-year lease. But Mr Raval’s firm did not want the public scrutiny that stakeholders were demanding and withdrew the bid on June 4.

    Mr Rao was then summoned by the Senate to explain the leasing plans. He revealed that he had sourced for potential strategic investors.

    The companies he had approached were the Devki Group, Catalysis Group (Russia), Sarrai Group (Uganda), Kruman Associates (France), Kibos Sugar, Third Gate Capital Management, Godavari Enterprises and Premier JV (India).

    On June 18, activist Okiya Omtatah filed a suit at the High Court’s Constitutional and Human Rights Division in Nairobi seeking to have Mr Rao removed, and the National Treasury compelled to revive Mumias.

    Conflict of interest

    He argued that Mr Rao had acted unprofessionally by failing to explain the formula used to settle on the eight bidders. He also raised a potential conflict of interest on the receiver’s past dealings with the Devki Group.

    Mr Rao had sold scrap metal to Devki Group while managing affairs of Kwale Sugar during a past receivership spell. Mr Omtatah also argued that Mr Rao had failed to issue any specific details to the public on Mumias’ state of affairs since taking over as receiver manager.

    Devki Group Chairman Dr. Narendra Raval.

    After Mr Rao conducted a fresh tendering for leasing, Mr Omtatah successfully sought orders compelling him to file financial statements and bids placed by the bidding companies. The documents would reveal that Mr Rao settled for the third lowest bid price of Sh6.2 billion, floated by Uganda’s Sarrai Group.

    One of Mumias’ key suppliers, Gakwamba Farmers Cooperative Society, would join Mr Omtatah in protesting the manner in which Mr Rao was handling the deal.

    Gakwamba filed a suit in the Commercial & Admiralty Division of the High Court in Nairobi on August 2 last year, faulting Mr Rao for entering negotiations with Devki Group and sought orders barring any deal.

    “Mr Rao and KCB have not carried out an objective cost-benefit analysis to determine whether the so-called strategic investor is the most effective way of reviving MSCL and ending the suffering of its sugar farmers and other stakeholders,” the society argued.

    Gakwamba owns 1,000 ordinary Mumias shares. Farmers under the group are also owed over Sh25 million for cane supplied. The group argues that Mr Rao should not be allowed to lease out Mumias assets through private treaty, and only a process accessible to the public should be implemented.

    Justice Wilfrida Okwany agreed with the farmers. On September 23, the judge ordered that Mr Rao open bids in the presence of all bidders. Interestingly, the bids remained a closely guarded secret before Mr Omtatah later secured orders compelling Mr Rao to file the information in court.

    Three days after the farmers filed their case, Mr Rao advertised a fresh procurement process for the leasing deal. Not all were happy with the move. Lawyer John Khaminwa had at this point joined the insolvency petition against Mumias. He is owed money by the miller, but wanted to support its revival rather than liquidation.

    On September 16, Mr Khaminwa filed an application in the insolvency suit seeking to have Mr Rao cited for contempt of court. The lawyer argued that the court orders stopping sale and transfer of the company’s assets also covered leasing deals, hence Mr Rao was in violation.

    Insolvency suit

    Mr Rao and KCB opposed the application, holding that during the lease period all assets would still be owned by Mumias. A week later, KCB and Mr Rao filed an application in the insolvency suit, seeking to stop the Senate from further summoning them or interfering with the Mumias receivership.

    The two argued that the Senate was interfering with their rights by giving instructions on how to handle the collapsed miller’s affairs. The Senate had on September 29 – a day before Mr Rao and KCB filed their application – requested the receiver manager to comply with the court orders.

    Justice Alfred Mabeya had taken over the insolvency suit, and delivered one ruling to handle four applications – Ms Kimeto’s seeking to stop selling of Mumias assets, her request for appointment of an administrator, Mr Khaminwa’s contempt of court allegations and Mr Rao’s bid to stop Senate summons and directions.

    In his November 19, Justice Mabeya agreed with Ms Kimeto on the need for an administrator. He, however, appointed Mr Rao the administrator while upholding his role as receiver manager.

    The judge held that the Senate had not done anything to indicate interference, as it had only sought clarity from Mr Rao and requested that he comply with court orders. But the judge issued orders barring the Senate from directing Mr Rao on how to conduct business in his receiver manager capacity.

    Mr Khaminwa’s contempt of court application was also dismissed, as Justice Mabeya ruled that the leasing would not lead to a sale or transfer of Mumias assets. “Mr Rao is at liberty to proceed with the process of leasing the Company’s assets subject to strict observance of the Competition Act, 2010 Laws of Kenya,” the judge said.

    The fresh bidding round attracted six companies. The Jaswant Rai family’s West Kenya Sugar proposed Sh36 billion and became the highest bidder following the Devki Group’s exit.

    Tumaz and Tumaz Enterprises, owned by Butere-based businessman Julius Mwale, was the second highest bidder with Sh27.6 billion. A group of French and Turkish investors, through Kruman Finances Limited, bid Sh19.7 billion.

    The Sarrai Group, owned by Jaswant Rai’s brother Sarbi, bid Sh6.2 billion. Only Kibos Sugar and Pandhal Industries had lower bids than Sarrai’s as they each wanted to pay Sh5.9 billion. The Sarrai Group got an early, but short-lived Christmas gift as Mr Rao declared the Ugandan firm the best bidder on December 22.

    The firm was to take over Mumias operations, excluding ethanol production. Rumours of disgruntled bidders threatening court action started flying almost immediately. Tumaz and Tumaz Enterprises was the most vocal, stating that it was one of the highest bidders.

    Kakamega County filed a suit at the Vihiga High Court seeking to stop Mr Mwale’s firm from interfering with Mr Rao’s decision.

    Highest bidder

    Mr Rao filed a similar suit in Nairobi, arguing that Mr Mwale was planning to disrupt his plans to rescue Mumias through the leasing deal. On January 14 this year, five farmers challenged Mr Rao’s decision to pick Sarrai, arguing that the receiver manager conducted an opaque process.

    Lambert Lwanga Ogochi, Augustino Ochacha Saba, Prisca Ochacha, Robert Mudinyu and Wycliffe Barasa Ngong filed yet another suit. Justice Wilfrida Okwany issued orders barring Sarrai Group from starting operations.

    West Kenya, Tumaz and Tumaz Enterprises, Gakwamba Farmers Cooperative Society and Mumias Outgrowers Company have since been enjoined in the suit. West Kenya maintains that it was the highest bidder but was unfairly locked out.

    In response, Mr Rao argues that in overlooking West Kenya, he was following Justice Mabeya’s orders to comply with competition laws. He argued that if West Kenya would have acquired the lease, the Rai family-owned firm would have become a monopoly in the sugar industry.

    The receiver manager adds that West Kenya had several cases against former workers and competitors, and that the Rai family firm did not submit a detailed investment plan in the bid.

    Gakwamba Farmers claim that the five farmers who obtained orders stopping Sarrai from proceeding with the leasing deal are strangers sponsored by West Kenya.

    In the insolvency petition, Dubai-based Vartox Resources Inc and Ms Kimeto have also challenged Sarrai’s leasing deal, arguing that the process was opaque and intended to benefit only KCB and Mr Rao.

    The two argue that Sarrai’s Sh6.2 billion bid was not sufficient to pay Mumias’ debts, yet other firms would have cleared the miller’s liabilities in less than 10 years.

    Vartox says that Mumias owes it Sh6 billion, which was secured with the miller’s ethanol plant. The Dubai firm holds that Mr Rao has refused to acknowledge its rights to the plant despite several notifications.

    The plant is also collateral for loans that Ecobank and France’s Proparco issued to Mumias. Ecobank, Proparco and Vartox appointed Harveen Gadhoke as the plant’s receiver manager.

    All focus is now on the case filed by the five farmers. Justice Okwany will hear the parties on March 14. Orders seeking to stop the Sarrai Group from taking over Mumias operations will lapse on the same day.

  • Singer Akon’s Senegalese Smart City Unstarted, Locals Left In Dark

    Singer Akon’s Senegalese Smart City Unstarted, Locals Left In Dark

    A year after singer Akon laid the first stone of the $6 billion futuristic city he vowed to build for his native Senegal, the site remains grassland.

    The stone itself sits at the bottom of a dirt track in a field; a small placard advertising the megaproject has fallen off it.

    Construction of “Akon City,” a project due to feature ultramodern twisting skyscrapers, was already meant to have begun near the Atlantic Ocean village of Mbodiene.

    But building work is yet to start, prompting residents who were hoping for jobs to wonder about its future.

    “They laid the foundation stone with a lot of speeches and promises,” said Jules Thiamane, a 35-year-old local who works in the tourism industry.

    “Compared to everything that was announced, I don’t think we have seen much yet.”

    The stone to commemorate the start of construction of “Akon City” is pictured in Mbodiene on August 30, 2021. One year after rapper, Akon, laid the first stone of his six billion dollar city outside the small seas side village of Mbodiene, the site remains empty. PHOTO | AFP

    Akon — a Senegalese-American singer-songwriter best known for his R&B hits such as “Smack That” — launched his eponymous city in September 2020, to great fanfare and international media attention.

    The city’s otherworldly design is partly inspired by Wakanda, he said at the time, referring to the fictional African city of the “Black Panther” Marvel movie and comic series.

    Akon City’s planners also say it will be a “beacon of innovation and human development” that will boost industry in the West African state of Senegal.

    A stadium, casino, luxury high-rise apartment complexes, and an education district that will “accommodate the most prestigious universities in the world” are also part of the plans.

    Sleepy hamlet

    The glittering vision is a far cry from the existing sleepy hamlet of Mbodiene, about 100 kilometres (60 miles) south of the capital, where pigs roll in the muck and donkeys amble along the road.

    Locals interviewed by AFP said they knew little about Akon City, nor why construction had been delayed.

    The ceremonial stone was laid on August 31 2020 and construction was scheduled to begin early this year.

    A hospital, school, shopping mall, homes, police station, waste centre and solar power plant are supposed to be completed in 2023 — and the whole city by 2030.

    Speaking on an untarmacked road as horned cattle grazed behind him, 25-year-old student Ahmeth Deme wondered whether the project had been cancelled.

    Badara Diakhate, the deputy mayor of the local commune, said he was unaware of the exact reason for the delay but that “people want things to get going.”

    He welcomed investment in the village and said that delays were common, especially given the pandemic.

    Disillusioned

    At $6 billion, the planned cost of Akon City is huge — it is not much smaller than Senegal’s overall 2020 budget of about $7.5 billion.

    The pomp and size the project elicited scepticism in Senegal at first, where developers and politicians often tout the merits of pet building works.

    About 40 percent of Senegal’s 16 million people live below the poverty line, according to a World Bank metric.

    A lack of clarity regarding Akon City’s funding also raised questions.

    Paul Martin, from the US-based firm KE International which won the Akon City construction contract, said that Kenyan entrepreneur Julius Mwale is the lead investor.

    He added that he could not disclose information on other investors for confidentiality reasons, but said more than $4 billion in funding had been raised.

    Construction of Akon City will start in October, Martin said, after a similar Mwale-funded city is completed in Kenya.

    “The first 12 months incorporated planning, approvals, procurement and recruitment of sub-contractors,” Martin said by email, referring to Akon City.

    But tourism worker Thiamane said that he’d grown disillusioned, pointing to earlier failed development projects in Mbodiene.

    “What is shared in the village at the moment is the beginning of disappointment,” he said.

    Akon’s team, and the Senegalese state tourism agency SAPCO, which is managing the project on the government’s behalf, did not respond to repeated solicitations by AFP for comment.

    ‘Still have hope’

    Most Mbodiene residents cited the potential benefits of Akon City and said it could bring jobs.

    “This is big for us,” said Philomene Bamimba, who heads a local women’s association.

    David Seck Sene, president of the village youth association, admitted there was confusion around the delays but said: “I still have hope. I don’t see how a project like this could stop tomorrow.”

    He, like other residents, is pushing for education and training so that villagers are not sidelined to labourers’ roles in Akon City.

    KE International’s Paul Martin said the aim is to empower locals to fill high-skilled jobs, adding that training would start when construction does.

    No one in Mbodiene interviewed by AFP was aware of these plans, however.