Tag: Kenya Power

  • Deep-Running Syndicate: Fraud Scandal Rocks Stima DT Sacco Ahead of 51st AGM Amid KUSCCO Crisis

    Deep-Running Syndicate: Fraud Scandal Rocks Stima DT Sacco Ahead of 51st AGM Amid KUSCCO Crisis

    Stima DT Sacco Society Limited, a financial titan serving over 211,000 members from Kenya’s energy sector, is teetering on the edge of collapse as a multi-million-shilling fraud scandal threatens its 50-year legacy.

    With its 51st Annual General Meeting (AGM) slated for tomorrow, February 28, 2025, at the College of Insurance Auditorium in Nairobi’s South C, the Sacco—once a symbol of cooperative triumph—faces allegations of a sophisticated loan racket, a high-level cover-up, and ties to a broader crisis engulfing the Sacco sector.

    As assets stand at Ksh 61 billion and a 2023 pre-tax profit of Ksh 1.4 billion masks a deepening rot, the fallout could ripple through energy parastatals like Kenya Power and Lighting Company (KPLC), Kenya Electricity Generating Company (KenGen), and the Rural Electrification and Renewable Energy Corporation (Rerec), destabilizing thousands of civil servants who rely on its services.

    A Syndicate of Deceit: Forged Payslips and Ghost Shares

    The scandal at Stima Sacco centers on a well-orchestrated loan racket fueled by forged payslips, allegedly perpetrated by a coalition of rogue members, current employees, and former staff turned external “fixers.”

    Insiders estimate losses could range from tens to hundreds of millions of shillings, with funds meant for hardworking Kenyans siphoned into the pockets of a well-connected few.

    The scheme exploits the Sacco’s loan eligibility rules—capped at four times a member’s deposits and adhering to the one-third salary deduction limit under the check-off system, as outlined by Anne Kago, SASRA’s Manager of Market Conduct. Rogue players inflate loan limits by submitting falsified payslips, often co-guaranteeing each other to deepen the deception.

    But Stima Sacco’s woes echo a disturbing pattern across the sector.

    A forensic report by Reuben Gitahi & Associates, presented in court, revealed that staff at Energy Sacco—another entity tied to the Ministry of Energy—colluded with members to siphon Sh82.36 million between 2016 and 2021 through ghost shareholding.

    The report, part of a legal battle over unpaid fees, exposed how fictitious shares were created to secure loans and dividends, with staff manipulating records to mask defaults.

    At Energy Sacco, 38 of 44 investigated members tapped Sh80.77 million in mobile loans—far exceeding the Sh20,000 limit—while pocketing Sh1.58 million in unearned payouts. Suspicious transactions, like Sh5.1 million paid to a single account but recorded under 11 names, underscored the depth of the fraud.

    At Stima Sacco, parallels are striking. Sources allege a “deep-running syndicate” involving former employees like Erastus Mutwiri, whose departure a decade ago was only publicly disavowed on February 18, 2025, via a Daily Nation notice.

    The Sacco distanced itself from Mutwiri, claiming he misrepresented himself to deceive others, yet neither National Chairperson Joseph Siror (also KPLC’s Managing Director) nor CEO Gamaliel Hassan explained the decade-long delay.

    Communications Officer Jack Kulova dismissed broader fraud claims as “frivolous” but conceded forged payslips had been used illegally—a tacit admission of vulnerabilities mirroring Energy Sacco’s ghost share racket.

    Cover-Up or Collapse? Leadership Under Fire

    Suspicion of a cover-up at Stima Sacco intensifies the narrative. Whispers in Nairobi’s financial circles point to a faction of the board—meant to protect members’ interests—as potential architects of a cleanup effort gone awry.

    Rather than rooting out culprits, some implicated staff have reportedly been shuffled to other branches among the Sacco’s 12 nationwide outlets.

    This reluctance to act decisively has sparked theories of a power play by insiders, possibly to shield the Sacco’s image ahead of tomorrow’s AGM, where financial reports, policy amendments, and elections are on the table.

    The timing raises eyebrows. With revenues up 21% to Ksh 8.96 billion in 2023 and dividends at Ksh 1.44 billion, Stima Sacco’s success has been a point of pride.

    Yet, insiders warn of a “financial house of cards,” with ghost members, inflated financials, or kickbacks to boardroom figures potentially lurking beneath the surface.

    KPLC MD Dr. Joseph Siror

    Siror’s dual role as KPLC MD and Sacco chair only deepens the intrigue—his silence amid mounting allegations suggests either complicity or a scramble to contain the damage.

    Energy Sacco’s experience offers a cautionary tale. Its Sh82.36 million loss remained buried until Reuben Gitahi & Associates dragged it into court, exposing a cover-up that failed to prevent legal scrutiny. Stima Sacco’s leadership may hope its energy sector clout buys a softer landing, but the parallels are undeniable: both institutions, tied to the same ministry, face staff-driven fraud threatening their stability.

    The KUSCCO Fallout

    Stima Sacco’s troubles unfold against a backdrop of sector-wide turmoil, headlined by the Sh13.3 billion heist at the Kenya Union of Savings & Credit Cooperatives (KUSCCO).

    A PricewaterhouseCoopers (PwC) audit exposed a litany of malpractices—cooked books, executive theft, bribery, and unexplained withdrawals—leaving KUSCCO insolvent by Sh12.5 billion.

    The umbrella body’s collapse imperils Sh24.8 billion in deposits from 247 Saccos, including heavyweights like Stima Sacco, which ranks second in assets at Sh59.15 billion among deposit-taking entities.

    The State Department for Cooperatives has ordered these 247 Saccos to slash dividends and provision for losses tied to KUSCCO, a directive hitting members as AGMs loom. Stima Sacco’s meeting tomorrow, alongside others like Mwalimu Sacco (Saturday), Harambee Sacco (March 3), and Mhasibu Sacco (March 8), will grapple with this mandate.

    Commissioner David Obonyo urged Saccos to set aside surpluses rather than disbursing full profits, warning, “Don’t declare a lot of dividends anticipating money from KUSCCO.” For Stima’s members, accustomed to robust payouts, this could compound the pain of internal fraud.

    KUSCCO’s rot—executives like George Ototo and George Magutu face charges of felony, theft, and money laundering—mirrors the insider threats at Stima and Energy Saccos.

    The PwC audit’s revelation of Sh9.3 billion in phantom profits and Sh206 million in stolen cash underscores how unchecked governance lapses can devastate cooperatives, a lesson Stima Sacco’s leadership cannot ignore.

    High Stakes for Energy Parastatals

    The stakes at Stima Sacco are colossal. Its 211,000 members, predominantly from energy parastatals, rely on its loans and dividends to weather Kenya’s economic storms—building homes, funding education, and bridging financial gaps.

    KPLC, a cornerstone of its membership, employs thousands who could face frozen savings or loan defaults if the Sacco falters.

    A domino effect across the Energy Ministry’s ecosystem looms, amplified by Energy Sacco’s own distress, where 2023 data showed Sh155.84 million in deposits against a 29.99% non-performing loan ratio—the fifteenth highest in the sector.

    A Reckoning Looms

    Co-operatives and MSMEs Cabinet Secretary Wycliffe Oparanya is spearheading a nationwide crackdown, catalyzed by KUSCCO’s implosion.

    Forensic audits across all Saccos, coupled with a vow to jail corrupt officials and empower SASRA, signal a reckoning. “This will no longer be tolerated,” Oparanya declared, a storm cloud hovering over Stima Sacco as its AGM nears.

    Energy Sacco’s unearthed fraud and KUSCCO’s collapse only heighten the pressure on Siror, Hassan, and their board—will their energy sector ties buy leniency, or face the full brunt of Oparanya’s purge?

    The AGM Showdown

    Tomorrow’s AGM was poised to crown Stima Sacco’s 50th anniversary celebrations in October 2024 with a victory lap.

    Instead, it risks becoming a crucible where members demand answers amid swirling theories—of a years-long syndicate, ghost members, or broader corruption.

    The State’s directive to provision for KUSCCO losses, layered atop internal fraud, could temper the Sacco’s budget and dividend plans, testing its resilience.

    For now, Kulova insists the institution is sound, but the evidence paints a grimmer picture.

    As Oparanya’s auditors sharpen their pencils and members brace for revelations, Stima Sacco’s legacy—and the trust of its energy sector backbone—teeters on a knife’s edge.

    This report will be updated as the AGM unfolds and government investigations progress.

  • Free Electric Vehicle Charging Stations In Nairobi

    Free Electric Vehicle Charging Stations In Nairobi

    Kenya Power has set up two EV charging stations in Nairobi for free use by motorists, addressing the limited demand for electric vehicle (EV) charging stations in the country. The stations are located at Stima Plaza in Parklands and the company’s depot in Ruaraka.

    To access the charging facilities, motorists must obtain an RFID card from the security desk at any of the two locations.

    Kenya Power claims that the availability of these stations can help hybrid vehicles cut travel costs by combining zero-emission electric driving with petrol power for longer distances. A case study showed that one motorist could charge his 12 kWh Outlander battery to 80% in just under 40 minutes when connected to a DC fast charger.

    KPLC announced in April that it had set up the charging station at a cost of Sh6.5 million, comprising two chargers: a 50 kW DC (1 hour charging time) and a 22 kW AC (2 hour charging time) charger. Managing director and CEO Joseph Siror plans to inject Sh258 million towards advancing e-mobility in Kenya, including investing in charging infrastructure and acquiring electric vehicles and motorbikes for company use.

    In addition to the charging stations at Ruaraka depot and Stima Plaza, plans are underway to install charging stations at company offices across the country by the end of July 2024 at a cost of Sh20 million.

    Donholm, Nakuru, Mombasa, Mtito Andei, Kisumu, Eldoret, Roysambu, electricity House Nairobi, and Ragati offices will receive a station each.

  • Mysteries of McKinsey & Company, the firm Kenya Power Intended to Hire as Management Consultant and why it flopped.

    Mysteries of McKinsey & Company, the firm Kenya Power Intended to Hire as Management Consultant and why it flopped.

    The government shot down a proposal by Kenya Power to single-source three international legal and consultancy firms the utility company had picked to review expensive power purchase agreements (PPAs) blamed for high consumer bills.

    Government’s reason for the red flag on McKinsey might have just been lame from the bull’s eye target shot.

    Members of the Energy committee, who probed the PPAs, questioned why KPLC wanted to bring in the international experts at the time the taskforce was conducting a invetigations into the PPAs. That was so lame, having conducted indepth analysis and research of the international firm which has left dirty tracable marks in every job done and it’s not like Kenya power did not do background check when proposing and settling on McKinsey and Company management consultancy firm. Seems Kenya Power cartels are still full throtle in control and McKinsey was to be their milking cow once again should it have been green-lighted.

    Kenya Power’s decision to seek the services of the experts followed the March 21 decision by President Uhuru Kenyatta to appoint a taskforce to review PPAs signed between Kenya Power and all electricity generators with a goal of renegotiating the energy prices and other terms downwards. The 15-member team, chaired by boardroom veteran John Ngumi recommended a number of reforms including renegotiation of all PPA’s contracts that Kenya Power has signed with electricity producers that also dictate modes of engagement, including payment.

    John Ngumi’s influence.

    For introduction, John Ngumi is a persona- non-granta in Tanzania following CFC Stanbic Bank’s East Africa investment Sh600million bribery scandal. Attempted to launder Sh.11billion from Kenya Pipeline Cooperation in lias with KPC CEO Joe Sang using a company called Zakhem International. Next sucessful loot attempt at KPC as he was the Chair was Sh.1billion which he allegedly used  Aero Dispensers Limited and Thermo Dynamic General Supplies shell companies.

    In 2018, this fellow airlifted a bevy of beauties to Mombasa on taxpayers money. Instead of being sacked, he was given another term. He turned KPC  a den of corruption and looting.

    Being President’s favourite, got appointed to chair the taskforce to review IPP’s contracts and the crumbling Kenya power, Kenya insights is convinced that he is the force behind lobby for McKinsey and Company firm.

    Meanwhile, the proposals that are expected to reduce the cost of power by 33 percent – from Sh24 per unit of electricity to Sh16 per unit by December this year. Kenya Power signed contracts committing it to take more electricity than it can sell, leaving it to pay onerous capacity charges to energy producers even when their plants are idle. Mr Howard Barrie and Mr Jude Kearney were to be hired to advise KPLC and the Presidential Taskforce on the review of the PPAs and the renegotiation strategy. PWC was to undertake financial analysis of PPAs, McKinsey was to be hired as management consultant while Boston Consulting Group was to offer the taskforce “a wealth of cross-cultural experience.”

    List of Scandals that McKinley have been involved in.

    1. Enron scandal

    Enron was the creation of Jeff Skilling, a McKinsey consultant of 21 years, who was jailed after Enron reportedly used McKinsey on 20 different projects, and McKinsey consultants had “used Enron as their sandbox

    2. Valeant

    Valeant, a Canadian pharmaceutical company investigated by the SEC in 2015, has been accused of improper accounting, and that it used predatory price hikes to boost growth. The Financial Times states that “Valeant’s downfall is not exactly McKinsey’s fault but its fingerprints are everywhere.” Three out of six senior executives were recent ex-McKinsey employees, as well as the chair of the ‘talent and compensation’ committee.

    3. Rikers Island jail complex

    New York City paid McKinsey $27.5 million between 2014 and 2017 to reduce prison assaults in Rikers Island; but the violence grew and the city abandoned many of the firm’s recommendations.

    The consultancy’s alleged failings included not soliciting the views of inmates or clinic staff; using an encrypted messaging app that deletes messages, allegedly to avoid transparency; initiatives involving the expanded use of Tasers, shotguns and K9 patrol dogs; replacing troublesome inmates with more accommodating ones in the test area, which skewed the data in favor of the project; the use of ineffective data-analytics software; and spreadsheet errors that inflated the baseline rate of violence, against which the project was measured

    4. Role in opioid epidemic

    McKinsey advised opioid makers on how to “turbocharge” sales of OxyContin, propose strategies to counter the emotional messages from mothers with teenagers that overdosed on OxyContin, and help opioid makers circumvent regulation.

    The firm also advised Purdue Pharma to offer pharmacies rebates based on the number of overdoses and addictions they caused. In February 2021, McKinsey reached agreements with attorneys general in 49 states, five U.S. territories, and the District of Columbia. Across the settlements, the firm agreed to pay nearly $600 million to settle investigations into its role in promoting sales of OxyContin

    Controversial clients and association with authoritarian regimes

    1. Role in U.S. Immigration and Customs Enforcement (ICE)

    McKinsey stopped working for U.S. Immigration and Customs Enforcement (ICE)after it was disclosed that the firm had done more than $20 million in consulting work for the agency. McKinsey managing partner Kevin Sneader said the contract, not widely known within the company until The New York Times reported it, had “rightly raised” concerns. In 2019, The New York Times and ProPublica reported on newly uncovered documents which showed that McKinsey, as part of its work with ICE, proposed cuts in spending on food and medical care for migrants.

    McKinsey also advocated for an acceleration of the deportation process, causing concerns among ICE staff that the due process rights of the migrants would be violated. Previously, McKinsey managing partner, Kevin Sneader, had claimed that McKinsey had done no work for ICE in terms of developing and implementing immigration policy; the uncovered documents showed that to be false.

    2. Role in Saudi clampdown on dissidents

    In October 2018, in the wake of the assassination of Jamal Khashoggi, a Saudi dissident and journalist, The New York Timesreported that McKinsey had identified the most prominent Saudi dissidents on Twitter and that the Saudi government subsequently repressed the dissidents and their families. One of the dissidents was arrested. Another dissident’s family members were arrested, and the cell phone of the dissident was hacked.

    McKinsey issued a statement, saying “We are horrified by the possibility, however remote, that [the report] could have been misused. We have seen no evidence to suggest that it was misused, but we are urgently investigating how and with whom the document was shared.” In December 2018, The New York Timesreported that “the kingdom is a such a vital client for the firm — the source of nearly 600 projects from 2011 to 2016 alone — that McKinsey chose to participate in a major Saudi investment conference in October 2018 even after the killing and dismemberment of a Washington Post columnist by Saudi agents.”

    On February 12, 2019, the European Parliament Greens/EFA group presented a motion for a resolution on the situation on women’s rights defenders in Saudi Arabia denouncing the involvement of foreign public relations companies in representing Saudi Arabia and handling its public image, particularly McKinsey & Company.

    3. Support of authoritarian regimes

    McKinsey’s business and policy support for authoritarian regimes came under scrutiny in December 2018, in the wake of a lavish company retreat in China held adjacent to Chinese government internment camps where thousands of Uyghurs were being detained without cause. In the preceding few years, McKinsey’s clients included Saudi Arabia’s absolute monarchy,Turkey’s autocratic leader Recep Tayyip Erdogan, ousted former President of Ukraine Viktor Yanukovych, and several Chinese and Russian companies under sanctions.

    4. South African corruption scandal

    The Gupta family had strategically placed corrupted individuals in various South African government, utilities and infrastructure sectors. It is alleged that McKinsey was complicit in this corruption by using the Guptas to obtain consulting contracts from certain state-owned enterprises, including Eskom and Transnet.

    Working with Trillian Capital Partners (a consultancy which was owned by a Gupta associate),they provided services to the value of R1 billion ($75 million) annually. Trillian was paid a commission for facilitating the business for McKinsey.

    McKinsey hired law firm Norton Rose Fulbright to carry out an internal investigation over the allegations. McKinsey’s then Managing Partner, Dominic Barton, issued a statement following an internal investigation, in which the firm “admitted that it found violations of its professional standards but denied any acts of bribery, corruption, and payments to Trillian.” Corruption Watch, a South African non-governmental organization, filed a complaint about the controversial contract to the US Department of Justice, alleging that there was a criminal conspiracy between McKinsey, Trillian and Eskom in contravention of US and South African law.

    It was revealed in January 2018 that criminal complaints were filed against McKinsey & Company by the South African Companies and Intellectual Property Commission. South African prosecutors confirmed that they would enforce the seizing of assets from McKinsey.

    South Africa’s National Prosecuting Authority concluded in early 2018 that the payments to McKinsey and its local business partner, Trillian, were illegal, involving crimes such as fraud, theft, corruption and money laundering. McKinsey had subsequently been in discussion with Eskom and the National Prosecuting Authority’s Asset Forfeiture Unit to agree on a transparent, legally appropriate process for returning the R1-billion (US$74m) it had been paid – it was confirmed on 6 July 2018 that this had been concluded.Eskom confirmed it received R99.5 million in interest from McKinsey on July 23, 2018.

    The interest payment covers the two years since McKinsey was paid almost R1-billion in 2016. Information relating to allegedly corrupt practices by McKinsey at Transnet in 2011 and 2012 came to light in late July 2018. The weekly Mail & Guardian newspaper reported that a “…new forensic treasury report shows how controversial former Transnet and Eskom chief financial officer Anoj Singh enjoyed overseas trips at the expense of international consulting firm McKinsey, which scored multi-billion rand contracts at the state owned entities.” The “…report reiterates treasury’s recommendations that Singh’s conduct with regards to McKinsey should be referred to the elite crime-fighting unit, the Hawks, for investigations under the Prevention and Combating of Corrupt Activities Act (Precca).

    Under Precca, Singh would be investigated for allegations of corruption as payment for the overseas trips alone would constitute a form of gratification, which is illegal.” The Sunday City Press reported that the forensic report in turn reported that “multinational advisory firm McKinsey paid for Singh to go on lavish international trips to Dubai, Russia, Germany and the UK, after which their contract with Transnet was massively extended.” McKinsey issued a statement that the allegations were incorrect. McKinsey stated that “based on an extensive review encompassing interviews, email records and expense documents, our understanding is that McKinsey did not pay for Mr. Singh’s airfare and hotel lodgings in connection with the CFO Forum and the meetings that took place around the CFO Forum in London and elsewhere in 2012 and 2013.”

    On 11 October 2019 the United States Treasury department announced that it had imposed wide-ranging financial sanctions on three Gupta brothers, Ajay, Atul and Rajesh (aka Tony) and their business associate Salim Essa under the United States Magnitsky Act.

    The Economist reported in November 2019, that McKinsey’s scandals, such as the 2016 South Africa scandal and the allegations of conflict of interest tied to its $12.7bn investment affiliate, McKinsey Investment Office (MIO), are relatively recent in terms of its long history.

    The article said that McKinsey’s legal challenges facing McKinsey’s new global managing partner, Kevin Sneader, may be related to the company’s fast-paced growth with an increase of 2,200 partners compared to 2009. During that same time period, the number of employees increased to 30,000 worldwide from 17,000.

    In 2020 McKinsey representatives giving testimony to the Zondo Commission of Inquiry into State Capture placed blame for the firm’s involvement in the corruption scandal on former McKinsey partner, Vikas Sagar.

  • Mischief Prompts Decision To Stop Private Firms From Auditing KenGen And Others

    Mischief Prompts Decision To Stop Private Firms From Auditing KenGen And Others

    The state appears to be uncomfortable with parastatals engaging international consultancy firms in matters auditing and realignments.

    Parliament has directed Auditor-General Nancy Gathungu to order all parastatals under the Ministry of Energy including Kenya Power and KenGen to stop hiring private auditing firms.

    The National Assembly raised the red flag that State corporations under the Energy docket continue to advertise for external audit services in breach of the Constitution, the Public Audit Act and the Public Finance Management Act.

    The Constitution and the PFM Act, 2012 require the Auditor-General to “audit and report on the accounts of any entity that is funded from public funds.”

    The law, however, allows the Auditor-General to outsource audit services after entering into contracts with private audit firms.

    But the committee reckons that the firms in the energy sector have been seeking the private auditors on their own.

    Abdulswamad Nassir, chairman of the Public Investment Committee (PIC), directed Ms Gathungu to stop the hiring of private audit firms without consultations and approval of the Auditor-General.

    PIC issued directive to disengage Private auditors as they were suspected of being pocketed and not capturing financial statements manipulated by management.

    The Public Investment Committee raised issues with the move by the State corporations under the Energy docket continue to advertise for external audit services, saying it was in breach of the Constitution, the Public Audit Act and the Public Finance Management Act.

    The law allows the Auditor-General to outsource audit services after entering into contracts with private audit firms.

    The parastatals however, have been sourcing for private audit firms on their own.

    The committee said that private auditors were returning clean accounts (unqualified audit) for State agencies despite outstanding audit queries and procurement irregularities.

    National Assembly Speaker Justin Muturi also questioned why private audit firms have always given the parastatals a clean bill of health at a time when the cost of electricity was skyrocketing.

    He said that private auditors were always returning ‘clean’ accounts for State agencies despite outstanding audit queries and procurement irregularities.

    He called upon the house in its oversight role to question why firms which the government has an interest in always run to private entities when it comes to audit alluding that they hide a lot of dirt in the manipulated report to read clean.

    Kengen that was recently on the spot over flawed recruitment process of staff is on the radar over the audit reports that in the recent past has given them a clean template. MPs now want KenGen, Kenya Power and other state agencies in the energy sector to be audited by the auditor general herself for a clear view instead of manipulated reports.

    For instance, Deloitte & Touche that handles KenGen was recently busted for allegedly manipulating data for a client. In a leaked document involving Deloitte, one of the largest accounting firms in the world, began circulating on the Chinese social media. The 55-page document (in Chinese), written by a person calling themselves YW who says they were a Deloitte employee at the company’s Beijing office, outlined “serious problems of auditing professional ethics and quality” going back to 2016.

    In the document, YW writes: “I have communicated with Deloitte management and Deloitte Reputation and Risk Group (RRG) more than 30 times for 2 years since 2018, requesting Deloitte to deal with audit quality reporting issues properly.”

    “However, it is a pity that up until now, all of the people involved in the reporting issues are still engaged” in other important auditing engagements “and have been promoted accordingly.” The employee seems to imply that managerial conflicts of interest may have resulted in inaction up until now.

    Among the main accusations which include 10 specific episodes, three of them by another employee who has since resigned is the failure to abide by proper auditing protocol. Auditors took major shortcuts, the report claims, telling their clients that their jobs were thoroughly completed when they were not.

    International business consultancy and accounting firms have reached an unchartered phase in the business life cycle. These behemoths of commerce, often tasked with keeping both public and private sector players in check, have now grown powerful enough to pose a threat to entire countries, if not the global economy. After decades of predatory and self-serving behavior, resistance is growing that may well ring in the end of the consulting firm’s era.

    India may have provided the initial impetus for pushing the consultancy system over the brink. The country is currently in the process of banning one of the so-called Big Four accountancy and consultancy firms, Deloitte, for aiding financial fraud. New Delhi says it has detected several violations of auditing standards by Deloitte while investigating IFIN, a unit of Infrastructure Leasing & Financial Services, whose debt defaults in 2018 triggered widespread fear of financial contagion.

    Fraud at IFIN was “nothing short of organized crime,” India’s Ministry of Corporate Affairs has charged, with the firm “actively aided and abetted by the statutory auditors.” While Deloitte is contesting a government call for a five-year ban on new business, it appears the ministry plans to invoke section 140 (5) of the Companies Act to debar the firm for alleged malpractice.

    In 2019, Deloitte was fined£415,000 ($518,000) by Malaysian regulators for audit failures linked to the scandal-ridden state fund 1MDB. Established more than a decade ago, the $583-million investment was meant to finance much-needed development projects across the country. Thanks to endemic corruption, 1MDB accumulated losses of $10 billion, emerging as one of the largest cases of gross corruption in the region. The Malaysian Securities Commission has since struggled to decide if Deloitte was “aiding and abetting” in the graft or was “merely negligent.” As far as the regulator is concerned, there is no third option.

    Harrowing stories from South Africa highlight the ruthlessness of these firms evidently operating in a morality-free void. Not shying away from helping corrupt politicians and their agendas, under former president Jacob Zuma major consulting players have all been shown to have dirtied their hands in aiding Zuma’s project to effectively “capture” the South African state.

    Kenya Power

    In the same light of international firms consultancy, the government shot down a proposal by Kenya Power to single-source three international legal and consultancy firms the utility company had picked to review expensive power purchase agreements (PPAs) blamed for high consumer bills.

    Documents presented in Parliament show that the National Treasury, the Attorney-General and the Procurement Agency slammed breaks on Kenya Power’s quest to directly hire the services of Michael Sullivan, the Queen’s Counsel (QC) Howard Barrie, and Mr Jude Kearney.

    The Treasury further shot down firm’s request to use Specially Permitted Procurement Procedure to hire the services of consultancy firms PriceWaterhouseCoopers (PWC), McKinsey & Company, and Boston Consulting Group.

    Kenya Power’s decision to seek the services of the experts followed the March 21 decision by President Uhuru Kenyatta to appoint a taskforce to review PPAs signed between Kenya Power and all electricity generators with a goal of renegotiating the energy prices and other terms downwards.

    The 15-member team, chaired by boardroom veteran John Ngumi has recommended a number of reforms including renegotiation of all PPA’s contracts that Kenya Power has signed with electricity producers that also dictate modes of engagement, including payment.

    The proposals that are expected to reduce the cost of power by 33 percent – from Sh24 per unit of electricity to Sh16 per unit by December this year.

    Kenya Power signed contracts committing it to take more electricity than it can sell, leaving it to pay onerous capacity charges to energy producers even when their plants are idle.

    Mr Howard Barrie and Mr Jude Kearney were to be hired to advise KPLC and the Presidential Taskforce on the review of the PPAs and the renegotiation strategy.

    PWC was to undertake financial analysis of PPAs, McKinley was to be hired as management consultant while Boston Consulting Group was to offer the taskforce “a wealth of cross-cultural experience.”

    Members of the Energy committee, who probed the PPAs, have now questioned why KPLC wanted to bring in the international experts at the time the taskforce was conducting a investigations into the PPAs.

    Consultancy and accountancy firms are the only ones big enough to audit states or multinational corporations (MNCs), and have thus developed into quasi-cartels capable of influencing the paths of entire countries through their intimate connections to the centers of power and decision-making.

    While their work as auditors is no doubt crucial to providing accurate reports to shareholders, they have a broader responsibility to simultaneously safeguard economies on a national and global scale. That is, after all, what they are paid to do. Or so the theory goes.

    In reality, they have aided those with financial interests to avoid taxes and cook the books since their first conception in the ancient economies of Mesopotamia and Babylonia.

  • End Of The Road: How Okemo And Gichuru Played The Courts For Years

    End Of The Road: How Okemo And Gichuru Played The Courts For Years

    The Supreme Court in Nairobi delivered a landmark ruling on the extradition to Jersey Island of Chrysanthus Barnabas Okemo and Samuel Kimunchu Gichuru.

    Mr. Okemo served as the Minister for Energy in the Kenya Government between 1999 and 2001 and Gichuru was the managing director of the Kenya Power and lighting Company got decades.

    The ruling, delivered by Chief Justice Martha Koome, and Supreme Court judges Ibrahim Mohammed, Smokin Wanjala and Njoki Ndungu revealed legal loopholes that the duo used to evade court processes.

    How It All Started

    Okemo and Gichuru came under the radar of investigative authorities after allegations that the duo accepted bribes from foreign businesses that contracted with KPLC and hid the money in Jersey.

    The duo managed to evade suspicion by having the contractors pay the dirty money into the bank accounts of a Jersey company called Windward Trading Limited.

    The offshore company named Gichuru, the KPLC Director as the beneficial owner, but
    he controlled it through proxies.

    He ensured the money was deposited in the bank account of the company and routed under discrete instructions to personal accounts of Okemo and Gichuru in Jersey.

    1′ July, 1999: When the matter was hatched, Okemo was charged in the Royal Court of Jersey with thirteen counts relating to the transactions in the accounts committed in the Island of Jersey under Jersey law.

    On the other hand, Gichuru is charged in the same court with forty counts for offenses allegedly committed under Jersey law in the Island of Jersey between 1991 and 28 June, 2002.

    26th May 2011. The Attorney General of the Island of Jersey wrote a letter requesting Kenya’s then-Attorney General, Amos Wako, to commence extradition proceedings against the two Applicants.

    While the letter was addressed to the Attorney General of Kenya, the authority to commence the extradition proceedings was in fact given by the Director of Public Prosecution (DPP) and Miscellaneous Application No.g of 2011 filed in the Chief Magistrates’ Court at Nairobi to commence the said proceedings.

    The previously mentioned letter was received on 6th June 2011, 10 years later, and constituted a request for the extradition of Okemo and Gichuru from the Attorney-General of Jersey through Verbal note number 452/11 through the British High Commission in Nairobi.

    The Attorney-General forwarded the extradition request to the Director of Public prosecutions for his consideration and action.

    ISSUANCE OF “AUTHORITY TO PROCEED”

    The Director of Public Prosecutions issued an “Authority to Proceed” to the Chief Magistrate pursuant to the provisions of section 7(1) of the Extradition Act.

    The extradition Cause was allocated Nairobi Chief Magistrate’s Court Miscellaneous Application No. 9 of 2011. Subsequently, the applicants appeared in court and the extradition proceedings were ready to commence.

    OBJECTIONS TO THE EXTRADITION PROCEEDINGS

    Moments before the proceedings, Okemo and Gichuru filed a Notice of Preliminary Objection/Grounds of Objection dated in July 2011 and filed in court on 8 July 2011.

    In addition to the Notice of Preliminary Objection the duo filed Constitutional Petitions in the High Court being Petition numbers 90 and q1 both of 2011 which were subsequently renumbered Petition numbers 320/2011 and 321/2011 respectively.

    However, the objections were dismissed in a Ruling delivered on 5th February 2013.

    The two later filed a Constitutional application by way of an Originating Notice of Motion being Application against the Director of Public Prosecutions and the Chief Magistrate’s Court.

    The application was indicated as brought pursuant to Article 165(6) & (7) together with section 19 of the sixth Schedule of the Constitution of Kenya 2010 as well as Rule 2 of the Chief Justice Rules 2006.

    The High Court Constitutional Application was however thrown out by Justice Isaac Lenaola on 18th December 2015.

    APPEAL TO THE COURT OF APPEAL

    The duo then ran to the Court of Appeal (Civil Appeals Nos. 5 of 2016 and 23 of 2016) respectively.

    This time, Hon. E.M. Githinji, H.M. Okwengu and J. Mohammed, JJA.) granted their request.

    “The order of the High Court dated 18′ December 2015 declaring the committal proceedings to be valid and the order of the extradition magistrate dated 5′ February 2013 requiring the committal proceedings to commence are set aside and in lieu thereof the committal proceedings are declared invalid and are hereby struck out.”

    The DPP, having not been satisfied with the decision. The office then lodged their appeal to the supreme court of Kenya.

    SUMMARY OF THE GROUNDS FOR APPEAL & THE PETITION TO

    THE SUPREME COURT OF KENYA

    In the ruling delivered, the Supreme court faulted the lower courts for thwarting extradition proceedings.

    “The Learned Judges erred in law in holding that the extradition proceedings instituted against the first and the second respondents without written authority to proceed issued by the AG are a nullity in law including any act done by the magistrate against the appellant in pursuant of such proceedings. Pursuant to this ruling, the OPP shall take steps to expedite the extradition proceedings before the sub-ordinate court as directed by the Supreme Court.”

  • Blow To Ruto As Matiang’i Makes Radical Changes At Kenya Power

    Blow To Ruto As Matiang’i Makes Radical Changes At Kenya Power

    The cartels are said to have artificially created power shortages then introduced the so-called Independent Power Producers (IPP) which took over the production of power using diesel generators at a much higher cost

     Kenya Power and Lighting Company (KPLC) face monumental operational losses blamed on graft cartels from within the company and to an extent, outsiders. Tough-talking interior cabinet secretary Fred Matiangi is leading the “rescue” team. This is not good news for embattled deputy president William Ruto.

    DP Ruto latest key allies John Muenyesh (Petroleum) and Charles Keter (Power) have fallen by the wayside, as President Uhuru Kenyatta begins a purge at the power firm. Kenya Power has since the days of long-serving managing director Samuel Gichuru been nothing but a den of thriving graft cartels.

    The cartels are said to have artificially created power shortages then introduced the so-called Independent Power Producers (IPP) which took over the production of power using diesel generators at a much higher cost. IPP’s sell power to KPLC at highly inflated costs, CS Mataingi says that this must “come down” by all means to save wananchi from punitive power charges.

    Since the introduction of “Tokens” in recent years, there have been claims that DP Ruto was involved in single-source importation of the gadgets, transformers and concrete posts.

    At the heart of Kenya Power rot are claims of inflated bills retaining “fixed costs” that the government says it had long waived in its efforts to expand electricity connections to the countryside

    The energy sector has remained one of Kenya’s most grafts prone, in which “white elephants” in the Turkwell Gorge in Turkana and the Kerio valley have turned bureaucrats into overnight millionaires.

    At the heart of Kenya Power rot are claims of inflated bills retaining “fixed costs” that the government says it had long waived in its efforts to expand electricity connections to the countryside.

    A well-connected cartel is said to have been making millions from tokens through “smart” computer software manipulation of servers that allows deductions to end up in their pockets before the cash lands in KP coffers!

    While it’s still a matter of wait and sees, the major re-alignments ahead of the Uhuru succession next year, and battle for lucrative state-related business could see matters take a turn for the worst.

    The combative Mataingi says he is “ready” for any eventualities as he vows to clean up the power monopoly that does not even fall under his docket. And it’s a numbing blow to Ruto, who as an astute operator is widely claimed to have made good returns on tender supplies through members of his family including his older son.

    Ruto now sees a drastic cut on his income like that of Jogoo road rental houses he had leased to Kenya Police and which was stopped by President Kenyatta in 2019.

  • Kenya Power Appoint Rosemary Oduor As Acting CEO

    Kenya Power Appoint Rosemary Oduor As Acting CEO

    Kenya Power CEO Bernard Ngugi has stepped down and has been replaced by the General Manager customer service Engineer Rosemary Oduor.

    The electricity supplier, however, did not reveal the reasons for Mr Ngugis surprise exit but sources indicated boardroom wrangles forced his ouster.

    Kenya Power has had four CEO’s in just four years a huge turnover at the troubled company’s most critical office.

    In 2018, Mr Ken Tarus was hounded out of office and charged along his predecessor, Ben Chumo, and a number of other senior managers for conspiring to commit an economic crime and abuse of office.

    He was replaced by Jared Othieno in acting capacity.

    Mr Othieno served up to 2019 and was replaced by Mr Ngugi, who was at the time head of the utility’s procurement division.

    Mr Ngugi’s tenure was marked by huge losses when Kenya Power sunk to a Kes 939 million net loss for the year ending June 2020 after getting a Kes 6.1 billion tax credit from lower corporate taxes given to companies to survive the vagaries of coronavirus pandemic.

    The tax credit lifted the company from a pretax loss of Kes 7 billion.

    The State corporation’s half-year profit as at December 2020 tumbled 80 per cent to Kes 138 million from Kes 692 million at similar stage in 2019 attributable to higher financing costs as a result of unrealized foreign exchange losses occasioned by the depreciation of the shilling against major foreign currencies.

    The electricity supply monopoly business was not able to meet its debts on time with US energy firm Ormat Technologies stating the amount overdue from KPLC was Kes 5.3 billion ($48.9 million) out of which Kes 1.7 billion ($16.2 million) was paid in January and February this year.

    The firm has also seen changes in the office of board chairman with Mahboub Maalim Mohamed replacing former House Speaker Kenneth Marende as the chairman and most recently Vivienne Yeda taking over.

    Ms Yeda told shareholders CEO’s at the company had turned the utility firm into a “procurement machine” and promised to plug the loopholes.

  • Kenya Power to pay electrocuted boy Sh15.7 million

    Kenya Power to pay electrocuted boy Sh15.7 million

    The court has ordered Kenya Power to pay a boy in Meru more than Sh15 million as damages for the injuries he suffered after he was electrocuted while looking after his parent’s cattle.

    Justice Francis Gikonyo ordered the electricity retailer to pay the boy a  sum of Sh15,729,500 as damages for pain, suffering and loss of amenities, medical expenses incurred, doctor’s fees and for future medical expenses.

    “The plaintiff pleaded special damages for which he produced receipts in support. Contrary to the contention by the defendant, all the receipts produced by the plaintiff bore revenue stamps,” said Judge Gikonyo.

    The evidence adduced in court proved that the boy touched a live electric wire after he fell at Antubetwe Location in Igembe North District in October 2015 where the wire was lying loosely on the ground. Justice Gikonyo stated that that was a case of negligence on the side of Kenya Power.

    But Kenya-Power in their submission said that it was not clear where the incident occurred and they also accused the boy of being careless with his own safety.

    The boy was 16 years old when the incident that forced him to drop out of school happened. He was admitted at Maua Methodist hospital for four months after his arm was amputated due to severe burns. He needs a prosthesis that costs Sh8 million to do some daily activities Sh1 million for it’s maintenance.

  • Kenya Power in ambitious plans to launch electric car charging stations

    Kenya Power in ambitious plans to launch electric car charging stations

    The loss making Kenya Power is planning to introduce electric car charging stations as part of its initiatives to open up more revenue earning streams as the world moves from a fossil fuel-driven economy to one that is sustainable, green and attempts to mitigate climate change.

    The electricity retailer plans to build charging stations and flatten the hurdles of using the electric cars in as Kenya joins the Western nations in embracing the new model of cars that don’t rely on diesel or petrol.

    Kenya-Power announced the ambitious plans despite analysts’ warning that electric cars will not attract the African market unless governments lobby and push for policies that would see a reduction in their prices.

    “We are developing appropriate infrastructure and building internal capacity to enable us to support the use of electric vehicles across the value chain. To this end, we plan to set up charging facilities across the country beginning with Nairobi to support direct charging of vehicles,” said Kenya Power MD Bernard Ngugi.

    Mr Ngugi, however, did not disclose any set deadlines the electricity distributor is expected to install the electric car charging stations along major highways and shopping malls.

                                                                                                               [p/courtesy]
    The big announcement comes after Kenya Electricity Generating Company (KenGen) also announced its plans to invest in the growing electric car charging system to reap from car owners who will need their cars charged.

    US, Germany, Norway and Netherlands are some of the countries in the world that are hell bent to cut down excess carbon emission by embracing electric cars, a model that is still expensive for many to afford in places like Africa.

    An electric car is about Sh6 million but the Kenyan car market is flooded with imported second hand cars from Japan or China.

    Only Nopia Ride, a taxi company that uses electric car has been able to heighten up its operations in Kenya with charging stations installed in three locations including the Two Rivers Mall, the Hub Karen and Thika Road Mall.