Tag: tatu city

  • The Conquest of Tatu City, A New Zealander Story

    The Conquest of Tatu City, A New Zealander Story

    On the morning of May 16, 2026, a five-judge board of the Privy Council in London issued a terse ruling that barely made front pages in New Zealand. In Kenya, it made the business section. To those who have watched the Tatu City saga from its feverish beginnings under Mwai Kibaki’s middle-income dreams, it was neither surprising nor clean.

    It was simply the last move in a twenty-year game of legal chess played on boards no Kenyan could reach Mauritius, London, Cyprus by a man who had already spent a career playing in rooms where the rules bent to whoever had the most money and the least compunction.

    Stephen Jennings, New Zealander, former master of Russia’s financial bazaar, and self-styled builder of African cities, had finally, formally, finished off the local investors in Tatu City. Vimal Shah of Bidco Africa, former Central Bank of Kenya governor Nahashon Nyagah, and coffee farmer Stephen Mbugua Mwagiru once sold to the public as the “Kenyan partners” in a transformative national project are now left with their single shares in onshore companies that own nothing, while the offshore vehicles that once gave them a stake in the Sh240 billion Special Economic Zone in Kiambu wind their way to the liquidator’s auction block.

    The mainstream press has covered the Privy Council ruling dutifully. What it has largely skipped is the fuller picture: who Stephen Jennings really is, how he arrived in Kenya, why he needed Tatu City so badly, and what trail of conduct involving colossal tax evasion schemes, unilateral shareholding dilution, money laundering investigations, accusations of financial manipulation, and a series of regulatory battles that read like a manual for stripping a country of value while wrapping yourself in the language of development followed him every step of the way.

    That is the story Kenya Insights has spent time reconstructing from court records, parliamentary testimony, regulatory filings, and financial disclosures across four jurisdictions.

    Jennings arrived in Kenya not as a benefactor. He arrived as a man with $272 million in debts and nowhere left to run.

    I. THE RUSSIAN WRECKAGE JENNINGS LEFT BEHIND

    To understand Tatu City, you must first understand Moscow in November 2012. That is when Stephen Jennings lost Renaissance Capital the investment bank he had founded in 1995 and built into a powerhouse of post-Soviet finance in circumstances that remain among the stranger episodes of emerging market banking history.

    Renaissance Capital was Jennings’ creation from the rubble of Yeltsin’s Russia. He had made a fortune advising on the mass privatizations that transferred state assets into private hands at prices that made mockery of their real value a model that, as this story will show, he would later adapt with notable creativity to the Kenyan context.

    By the 2000s, RenCap was the preeminent investment bank serving Russia and sub-Saharan Africa. Then the losses began piling up. Three consecutive years of red ink triggered a Moody’s downgrade. Jennings needed more capital.

    The showdown came at a Moscow dinner table where Jennings sat across from oligarch Suleiman Kerimov and his partner Mikhail Prokhorov, who had acquired half of RenCap for $500 million in 2008.

    Jennings asked for more money to cover the bleeding. Kerimov allegedly accused him of mismanaging the funds entrusted to him. Prokhorov demanded Jennings surrender his 50 percent stake plus one share.

    According to multiple sources who spoke to international financial media at the time, Jennings faked a heart attack. An ambulance arrived. The driver was reportedly paid handsomely to divert to Sheremetyevo Airport instead of a hospital. Jennings flew to London. He has not been back to Russia since.

    What he left behind was a financial catastrophe. The Renaissance Group entity he retained after surrendering RenCap had documented debts of $272 million that could not be serviced without restructuring, according to Vedomosti’s reporting on the management presentation at the time.

    Of that sum, $93 million was owed directly to Prokhorov’s Onexim. A separate account of the fall described the total obligations across the RenCap group at $650 million with accumulated losses exceeding $100 million.

    This is the financial condition of the man who was simultaneously marketing himself to Kenyan investors, Kibaki’s government, and international development agencies as the visionary builder of Africa’s satellite cities.

    Rendeavour, his new vehicle, was announced as a pan-African city developer backed by American, Norwegian, British, and New Zealand capital. What was less loudly advertised was the extent to which those African projects needed to generate cash fast to service obligations accumulated in a failed Russian venture.

    By 2014, ten Tatu City plots had been sold for Sh7.5 billion. All of it went offshore. The Kenyan investors never saw the accounts.

    II. THE DEAL THAT WAS NEVER EQUAL

    The Tatu City origin story, as told by Rendeavour’s public relations operation through its own website, Tatu Tribune, is straightforward: three Kenyans promised to co-invest, never paid a cent, tried to steal the land, and got what was coming to them. The London arbitration proved it. Case closed.

    The full record, reconstructed from court filings, parliamentary testimony, and financial disclosures, is more complicated and considerably more damning for all parties including Jennings.

    In 2007, Vimal Shah, Nahashon Nyagah, and Stephen Mwagiru identified a potential acquisition target: the vast Socfinaf coffee and rubber estates in Kiambu, covering over 13,600 acres of prime land that the Thika Superhighway would shortly make valuable beyond any previous estimate. They did not have the money for a deposit. They went looking for a foreign financier with deep pockets. They found Stephen Jennings, who was still at Renaissance Capital and was actively seeking African real estate plays.

    The structure of the deal from day one embedded the dependency that Jennings would later weaponize. Rendeavour paid $21.7 million for the Tatu City land core and $65.7 million for the broader Kofinaf estates. The Kenyan trio contributed no capital of their own. Instead, Rendeavour advanced them $11 million, structured as a loan, to take a shareholding position. Finder’s fees of approximately $500,000 were also recorded. In Rendeavour’s telling, this proves the Kenyans brought nothing. In any honest reading, it also means Jennings chose, from the very beginning, to finance the entry of local partners on terms that created leverage the ability to call in the debt, inflate the interest, and squeeze shareholding that he would later exercise without mercy.

    The financing structure was followed immediately by an offshore architecture designed to insulate the project from Kenyan legal accountability. Cedar IV (Mauritius) was inserted as the 99.9 percent owner of Tatu City Limited. Cedar IV sat beneath SCFE II (Cyprus) and Manhattan Coffee Investment Holdings (Mauritius). Manhattan was owned equally by Redline Investments Corporation (linked to Shah) and Blacknight Holdings (linked to Nyagah and Mwagiru). All shareholder dispute mechanisms pointed to English law and the London Court of International Arbitration. Kenyan courts would later be explicitly told they had no jurisdiction over the offshore layers whenever the local partners tried to use them for relief.

    This architecture served a dual purpose that only became fully visible in retrospect. It allowed Jennings to say, publicly, that the project was a partnership with Kenyan investors. It also ensured that whenever that partnership became inconvenient, the only battlefield where it could be fought was one thousands of miles away, governed by English law, at costs that would eventually exhaust anyone without Rendeavour-level resources.

    III. THE LOAN THAT ATE ITSELF AND ITS INVESTORS

    By 2013, the relationship between the Kenyan partners and Jennings had collapsed into open warfare. What is less well-documented is the financial mechanism through which Jennings began extracting value from the project in a way that would, whatever the London arbitration later found about the Kenyans’ misrepresentations, represent its own remarkable piece of financial engineering.

    According to accounts prepared by Jennings himself and later submitted in various court proceedings, a loan of Sh6.2 billion extended to the project had, by end of 2014, ballooned to Sh9.4 billion. The mechanism: an interest rate of 33 percent per year, applied retrospectively to 2011 when the loan was disbursed.

    This retroactive application of a punishing interest rate was done, multiple sources with knowledge of the internal accounts told Kenyan outlets at the time, without the knowledge of the other investors. By the time those investors understood what had happened to the loan balance, it had consumed the project’s cash flows.

    By 2014, the sale of ten Tatu City plots had generated Sh7.5 billion. Every shilling of it, the accounts showed, had gone to repay the loan which was still growing. Vimal Shah, Nyagah, and Mwagiru opposed a further land sale proposed in January 2015, arguing the loan had been repaid in full and that liquidating more land would destroy the project’s value. Jennings outvoted them.

    He had, by this point, unilaterally diluted the Kenyan partners’ shareholding and increased his own, giving himself the votes to pass any board motion without their consent. A further tranche of land was sold for Sh4.8 billion. That money also left the project.

    Stephen Jennings.

    Shortly after, Jennings moved to replace Nyagah as company chairman, installing coffee baron Pius Ngugi in his place and expelling the Kenyan-aligned senior management from Tatu City Limited. It was a boardroom coup executed with the precision available only to someone who had already quietly rewritten the shareholding register in his own favour.

    The EACC found evidence of a ‘loan back scheme’ paper transactions involving chains of interlocking companies, nominee shareholders, and purported financing structures designed to conceal money flows and deny Kenya its taxes.

    IV. THE TAX MACHINE EACC, KRA, AND THE SPV CAROUSEL

    While the shareholder war consumed column inches, a parallel financial story was developing that went far beyond any dispute between the partners. Kenya’s regulatory and investigative agencies the Kenya Revenue Authority, the Ethics and Anti-Corruption Commission, and ultimately the Directorate of Criminal Investigations began piecing together evidence of a systematic scheme to strip billions of shillings from Kenya’s tax base.

    The scheme, as described in EACC court filings and later confirmed by High Court Justice Esther Maina in her 2022 ruling allowing the EACC probe to continue, operated roughly as follows. A Tatu City or Kofinaf affiliate would acquire a parcel of land from a related company at a fraction of its real market value, dramatically lowering the stamp duty payable on the transaction. The land would then be transferred to a freshly incorporated special purpose vehicle companies like Purple Saturn Properties featured EACC documents. Ninety-nine point nine percent of that SPV’s shares would be transferred to a Mauritius-registered entity. The Mauritius entity would then sell the parcel to the ultimate buyer at full market value. Because this final transaction was structured as a share transfer rather than a land transfer, it attracted stamp duty of one percent rather than the four percent applicable to direct land sales. The taxman collected duty on a phantom price; the real value escaped offshore.

    The documentation that landed before the National Assembly’s Lands Committee was damning. Mwagiru tabled official KRA and Ministry of Lands records showing that land purchased for Sh1.19 billion had been declared to authorities at Sh340 million for stamp duty purposes. A separate parcel purchased at Sh884 million was declared at Sh219 million. In perhaps the most brazen example cited by the EACC, a property sold for Sh748 million was transferred to a local firm, which moved it to a foreign entity, which then transferred it locally at market value of Sh4 billion. The Kenya Revenue Authority collected stamp duty on Sh748 million. The remaining Sh3.25 billion in value evaporated offshore, tax-free.

    The EACC named Stephen Jennings and then-country head Chris Barron as persons of interest. The High Court explicitly found that the matters under investigation transcended the internal shareholder dispute and concerned the commission of tax evasion and money laundering offences. The EACC characterised what it found as a loan back scheme a recognized money laundering methodology in which paper transactions between related entities are used to move funds while obscuring their origin and ownership.

    In 2018, the KRA demanded Sh1.35 billion in tax arrears and accrued interest from Tatu City directors and Kofinaf. The taxman placed restrictions on further land transactions until the amount was cleared. Kofinaf has been fighting the KRA at every tribunal level.

    After losing before the Tax Appeals Tribunal in April 2024, it filed a further appeal to the High Court, with the principal sum, interest, and penalties having by then accumulated to Sh656.7 million on that single tranche alone.

    In December 2024, a magistrate granted the DCI warrants to seize documents from Tatu City, Kofinaf, and their law firm Lutta and Company Advocates, ruling that advocate-client privilege cannot shield documents from criminal investigation.

    Rendeavour’s response to these investigations has been consistent and instructive. When Nation Media contacted the company’s COO and Kenya country head Preston Mendenhall with questions about the money laundering and tax evasion probes, he described the questions as old material covered ad nauseam by NMG for years, with no proof whatsoever.

    The courts have repeatedly disagreed with that characterisation, continuing to allow the investigations to proceed.

    V. THE LONDON ARBITRATION WHAT THE AWARD ACTUALLY SAYS

    The London Court of International Arbitration award of February 2018 has been treated by Rendeavour’s communications operation as the definitive verdict on the Tatu City dispute proof that Shah, Nyagah, and Mwagiru were fraudsters who got what they deserved. A careful reading of the 127-page award by arbitrator Simon Nesbitt QC is more textured than the press releases suggest.

    The core finding was that Manhattan Coffee Investment Holdings the Mauritian vehicle controlled by the Kenyan investors had repeatedly represented to SCF Holdings II that a $20 million deposit had already been paid to the Socfinaf land sellers when it had not.

    The arbitrator found this was a fraudulent misrepresentation that affected Jennings’ investment decisions and awarded $15 million plus interest and costs — a total approaching $17 million against the Kenyan vehicle.

    What receives less attention is the arbitrator’s description of Vimal Shah’s testimony as insufficiently consistent with the documentary evidence. The award also had to navigate a record in which both sides had been engaged in sustained misconduct: the Kenyan partners had indeed misrepresented the deposit status, but the broader record showed a project relationship that had been dysfunctional from almost its first day, with accusations flying in both directions about who was short-changing whom, whose land transfer records were accurate, and whose internal accounts could be trusted.

    The critical procedural fact the one that converted an arbitration award into a mechanism for ownership transfer is that the Kenyan partners did not challenge the award within the permitted 28-day window. This was not a decision on the merits. No court examined the substance of Jennings’ conduct, the retrospectively inflated interest rate, the unilateral shareholding dilution, or the offshore money flows. The award became final and enforceable solely because the losing party failed to meet a procedural deadline. Jennings then moved to Mauritius the very offshore haven the locals had agreed to use for their holding company and petitioned to wind up Manhattan Coffee on the strength of the unpaid award.

    The liquidation of Manhattan Coffee followed in 2023. Mwagiru’s attempts to fight it, first in Mauritian courts and then before the Privy Council, ran into a wall of procedural standing law that had nothing to do with who was right on the underlying merits. Once Manhattan Coffee was in liquidation, he was neither a creditor nor a shareholder. He had no standing to pursue derivative action. The ex parte orders that had allowed him to proceed at first instance were set aside. The five-judge Privy Council board, in its May 16, 2026 ruling, confirmed the outcome. The Cedar shares are now headed to the liquidator.

    SCF Holdings II is positioned to acquire the Cedar shares from the liquidator and offset the purchase price against the arbitration debt it is owed potentially acquiring effective control of a national strategic asset at a fraction of its value.

    VI. THE ACQUISITION THAT CORRUPTED THE FOUNDATION

    The story of how the Tatu City land was originally assembled deserves more scrutiny than it has received. The Kenyan investors’ initial vehicle, Waguthu Holdings Limited, attempted in February 2007 to raise capital through a public share placement managed by Suntra Investments.

    Parliamentary testimony by Suntra’s management confirmed that Nyagah and Mwagiru never submitted the documents required to complete the placement.

    The share issue was cancelled. Individuals who believed they had subscribed to Waguthu Holdings shares and who later came forward to Parliament claiming they had invested in what was supposed to become Tatu City potentially have claims against Mwagiru and Nyagah for the failed placement, not against Rendeavour.

    But the Rendeavour-aligned narrative that this proves the Kenyan investors contributed nothing and deserved nothing ignores the finder’s fees, the local connections, the political access that was openly acknowledged as part of what the Kenyan partners were bringing, and the $11 million loan advanced to them to take a shareholding a loan structured on terms that made it nearly impossible for them to emerge from debt, at interest rates applied retrospectively without their consent.

    Nyagah, for his part, has alleged that the original land purchase values declared to the Ministry of Lands were deliberately understated, with the difference being quickly repatriated through Renaissance Partners’ offshore networks before Kenyan authorities could track the flows.

    He appeared before the National Assembly Lands Committee and told MPs the project involved loss of land, money and taxes to the government, and that the board was dysfunctional because the foreign side refused to allow the full board to meet.

    VII. THE PATTERN OF SQUEEZING EVERY OFFICEHOLDER

    One of the most revealing threads in the Tatu City story is how Rendeavour has related to every official, governmental body, or institutional actor that has sought any degree of accountability from the project. The pattern is consistent enough to constitute a strategic posture rather than isolated incidents.

    When the DCI began its money laundering probe and sought documents from Tatu City and its law firm in 2024, Tatu City and Kofinaf filed applications arguing that the search warrants had been wrongly issued and that advocate-client privilege shielded the documents. When the EACC launched its tax evasion investigation in 2017, Tatu City and Kofinaf went to court to block the probe litigation that consumed five years before a High Court judge finally confirmed the EACC’s mandate to investigate in 2022.

    When Kiambu County Governor Kimani Wamatangi’s office sent a letter in April 2024 requesting that Tatu City surrender 54 acres, including land for the governor’s official residence, as a precondition for approving the revised master plan, Rendeavour’s response was to immediately call a press conference and brand the request extortion valued at Sh4.3 billion.

    That characterisation may well be accurate the demand was procedurally extraordinary and legally questionable. But what Rendeavour did not advertise was its own history of filing parallel extortion allegations against every governor of Kiambu County who had ever asked the project for anything, a pattern that the Grokipedia research on Tatu City describes as broader allegations against successive Kiambu governors asserting a pattern of requesting land parcels worth millions.

    Former Governor William Kabogo found himself in a similar position: he claimed he had paid Sh348 million to Rendeavour Services as part-payment for 100 acres of land. Jennings publicly challenged him to produce a signed agreement. Kabogo had none. Or at least not one that Rendeavour acknowledged. The accusation of blackmail flew in both directions.

    When a section of Kenyan workers at the project complained about treatment by American country head Preston Mendenhall and accused him of racism and harassment, they wrote to the Immigration Department asking that his work permit not be renewed. The complaints were eventually dismissed or went nowhere, but they added to a picture of a project managed with maximum aggression toward any domestic accountability mechanism.

    Jennings himself, at a 2015 public event at the Louis Leakey Auditorium styled as TatuTrueTalk, stood before a Nairobi audience and declared that in 25 years of working in around 35 emerging markets, his experience with the Kenyan police investigation and immigration interrogations of Rendeavour staff over work permits had been his first experience of that form of cheap harassment. The framing was vintage Jennings: the embattled foreign investor, the righteous outsider being shaken down by the corrupt local system.

    The audience that had gathered to hear his accusations against Shah and Nyagah left largely persuaded. What few examined was the remarkable audacity of a man whose last major business venture had collapsed with hundreds of millions of dollars in debts, who was simultaneously under investigation for tax manipulation in the project he was describing as a victim of corruption.

    VIII. THE OFFSHORE ARCHITECTURE AS WEAPON

    The deepest structural trick in the Tatu City saga is one that virtually every mainstream account has failed to properly anatomise: the offshore architecture was not simply a tax planning measure or a corporate governance preference. It was designed from the outset to create a legal environment in which disputes could only be resolved on terms that consistently favoured whoever had the most resources to sustain expensive international litigation.

    When the Kenyan investors wanted to fight the arbitration award, they needed to mount a challenge in London within 28 days at LCIA costs, with English QC fees, from Nairobi. They did not. When they tried to use Kenyan courts to contest the shareholding dilution, the structure itself told the courts they had no jurisdiction: English law governed, LCIA arbitrated. When they tried to fight the Mauritius liquidation from Kenya, they were told they had to litigate in Port Louis — a jurisdiction in which they had no established legal networks and whose insolvency law they had never stress-tested.

    The irony is nearly Shakespearean.

    The offshore architecture that the Kenyan partners agreed to and which, in the early years, they likely saw as giving their own position some protection from Kenyan judicial variability became the precise mechanism by which they were destroyed.

    Cedar IV, Manhattan Coffee, Blacknight Holdings, Redline Investments Corporation: these were vehicles designed by lawyers whose primary loyalty was to the transaction structure, and the transaction structure ultimately served whoever could most effectively weaponize it. That was always going to be the majority investor with access to London arbitration and Mauritius insolvency proceedings.

    The Privy Council’s May 2026 ruling did not examine the merits of any of this. It ruled on standing in a liquidation. But it locked in an outcome that had been architecturally predetermined from the moment the first shareholder agreement was signed.

    The EACC, KRA, and DCI have all independently arrived at the same destination: something is deeply wrong with the money flows at Tatu City. The investigations remain open.

    IX. WHAT JENNINGS IS DOING NOW AND WHY IT SHOULD ALARM FUTURE PARTNERS

    Since the Privy Council ruling, Rendeavour has continued its aggressive public positioning campaign. The Tatu Tribune website a Rendeavour-operated property that functions as a counter-narrative operation continues to frame the entire saga as one of a righteous foreign investor fending off criminal local partners.

    Rendeavour has announced new board appointments, including former US Ambassador to the United Nations Linda Thomas-Greenfield, whose appointment Rendeavour’s lead American shareholder Frank Mosier described as reflecting the organization’s commitment to versatile emerging market expertise.

    The African Continental Free Trade Area has named Rendeavour as its inaugural private sector implementation partner. Stephen Jennings met with Deputy President Kithure Kindiki in August 2025 to discuss investment climate and mixed-use special economic zones.

    The institutional rehabilitation narrative is carefully managed. What it does not address is the open file at the EACC, the DCI’s ongoing document seizure proceedings, the Kofinaf tax appeal at the High Court, or the question of what happens to the Kenyan public’s interest in the Cedar IV shares now headed to the liquidator’s auction and potentially purchasable by SCF Holdings II at a discount against its own arbitration debt.

    Rendeavour is simultaneously expanding to new African markets Alaro City and Jigna City in Nigeria, Appolonia City and King City in Ghana, Roma Park in Zambia, Kiswishi in the Democratic Republic of Congo. In each of these jurisdictions, Rendeavour is presenting itself as Africa’s largest new city builder, bringing investment, jobs, and infrastructure.

    The Tatu City playbook find local partners with connections and land networks, structure the relationship through offshore vehicles pointing to London arbitration, advance financing on terms that create dependency, then use procedural mechanisms to strip those partners of their positions when convenient — has not been publicly examined in any of those markets.

    At least one of those markets, Nigeria, has already seen the Alaro City project generate disputes with the Lagos State Government over land allocation and development pace.

    The details of those disputes have not been fully reported in the English-language press. Investors, governments, and potential partners in all of Rendeavour’s African markets would benefit from a thorough reading of the Tatu City court record before signing anything.

    X. THE VERDICT THIS COVERAGE HAS REFUSED TO DELIVER

    Kenya Insights does not propose that Vimal Shah, Nahashon Nyagah, and Stephen Mwagiru were innocent actors brought down by foreign cunning alone. The record is clear that Nyagah attempted to transfer shareholding in Tatu City’s onshore companies to his sister, driver, and church members through nominee arrangements that were straightforwardly fraudulent.

    Mwagiru filed caveats using a falsified Form CR12. Shah’s testimony was described by the London arbitrator as insufficiently consistent with the documentary evidence. The misrepresentation about the $20 million deposit payment was found, on the evidence, to have occurred. These are serious findings.

    But the story that has been largely erased from the official narrative of Tatu City is the other side of that ledger. Stephen Jennings arrived in Kenya in the wake of a spectacular financial collapse in Russia, carrying debts that required urgent liquidation.

    He structured a transaction with local partners on terms that made them dependent on his goodwill from day one. He advanced financing at interest rates that were retroactively inflated without the other side’s knowledge. He unilaterally diluted their shareholding without board approval.

    He used the project’s revenues to service his personal debts through a Cypriot vehicle before any Kenyan investor saw the accounts. He constructed an offshore architecture that made Kenyan courts irrelevant. He used that architecture to enforce an unchallenged arbitration award in a jurisdiction the local partners could not effectively access.

    He is now positioned to acquire the distressed Cedar shares from a Mauritius liquidator at a discount by setting off the arbitration debt meaning the entire twenty-year legal campaign may culminate in Rendeavour acquiring effective total control of a Sh240 billion Kenyan national asset for, in net terms, close to nothing.

    The EACC, KRA, and DCI have all independently arrived at the same destination: something is deeply wrong with the money flows at Tatu City. The EACC’s working theory of a loan back money laundering scheme has survived five years of litigation by Rendeavour to quash the investigation.

    The KRA has assessed over a billion shillings in stamp duty and income tax arrears.

    The DCI has seized documents from lawyers. None of these investigations has been concluded. None of them has been abandoned.

    In public, Rendeavour dismisses all of it as old material with no proof. In court, the probes keep surviving.

    A final observation for any investor, government partner, or institutional creditor considering a relationship with Rendeavour. The man at the top of this organization has, in his career, presided over the collapse of a $650 million debt pile at Renaissance Group, the effective failure of Renaissance Capital requiring a forced transfer to an oligarch, a two-decade legal war in Kenya that consumed enormous judicial resources across four jurisdictions while the purported development project sat largely incomplete, ongoing investigations by three separate Kenyan regulatory and law enforcement bodies, and now a legal outcome in which the Kenyan partners in a national development are being stripped of their positions through a procedural technicality rather than a substantive resolution.

    That is not a record of a city builder. It is a record of a sophisticated financial operator who has consistently constructed situations in which he holds more cards than everyone else at the table, and who uses those cards with precision when they are needed. Kenya was not his first arena. It will not be his last. Any party dealing with him would do well to read this file before they pick up a pen.

  • Tatu City: Kenya’s Business Oasis Fights Off Million-Dollar Extortion Schemes!

    Tatu City: Kenya’s Business Oasis Fights Off Million-Dollar Extortion Schemes!

    Its low-tax status has attracted more than 100 businesses including Heineken, coffee brand Dormans, and the biggest call-centre and cold-chain transport firms in the region.

    But to some local politicians, Tatu City has looked more like a target for extortion.

    A parade of governors have, according to the city’s owners, demanded land worth millions of dollars in exchange for building permits.

    A few years ago, a governor “drove around with us, just pointing at different plots of land, saying ‘I want that, I want that’,” said Preston Mendenhall, Kenya country head for Rendeavour, the company building the city.

    The American responded with a tactic rarely attempted in Kenya: going public.

    More than once, Mendenhall has held press conferences detailing the alleged extortion attempts of local politicians.

    “They thought that we, as foreign investors, would leave the country,” he said.

    “(But) we’re looking at a 50-year time horizon. For us to challenge somebody, if need be in public, who is trying to extort us… we believe that’s the right thing to do.”

    Last year, he publicly accused local governor Kimani Wamatangi of demanding 54 acres (22 hectares) of Tatu City, worth $33 million, free of charge. Wamatangi — who did not respond to an AFP request for comment — denied the accusation.

    It’s a risky strategy.

    “I’m subject to four defamation cases. It’s their intimidation tactic and they’re used to getting what they want,” said Mendenhall.

    “But the first case goes back to 2015 and we haven’t had a hearing yet so I’m not too worried.”

    The waiting game appears to be paying off.

    The first governor who targeted them, Ferdinand Waititu, is now in prison from a separate corruption case.

    Wamatangi was arrested last month by anti-corruption officers who found some $13,000 in cash in his home, also in an unrelated case.

    ‘World-class facilities’

    Meanwhile, Tatu City is slowly but steadily growing.

    The resident population is still small, but the 5,000-acre site already includes a supermarket, health clinic and two schools with 5,000 pupils. There are 2,400 homes ranging from studios to lakeside mansions and 2,000 more on the way.

    Many are attracted by the fact it has its own electricity and water supply to prevent cuts that are highly common across Africa.

    “That is why we chose Tatu City,” said Hannington Opot, commercial director of Hewa Tele, which is currently building a factory to produce medical-grade oxygen for hospitals — a chemical process requiring uninterrupted power and water.

    Cold Solutions, which provides storage for food and pharmaceutical partners, also highlighted the infrastructure.

    “We wanted to put a stake in the ground and say that Africans can build world-class facilities… and it marries nicely with what Tatu is trying to do,” said managing director Fredd Kambo.

    Unity Homes has built over 1,500 apartments.

    Buyers are attracted by the “playgrounds, parks, the fact they can drink the water from the tap… and knowing no one will build two centimetres in front of your balcony,” said commercial director Mina Stiernblad.

    ‘The hardest’

    Tatu City is the most advanced of six cities Rendeavour is building across Africa — in the Democratic Republic of Congo, Ghana, Nigeria, Uganda and Zambia.

    Preston Mendenhall, country head of Rendeavour, has challenged corrupt officials head-on
    Preston Mendenhall, country head of Rendeavour, has challenged corrupt officials head-on

    Kenyan corruption has made it “by far the hardest”, said Mendenhall.

    Anger over corruption was one of the key drivers of mass protests in Kenya last year.

    But Rendeavour’s founders made their fortunes in the free-for-all of 1990s Russia and are unfazed.

    The owners have faced their own allegations, including claims of tax evasion.

    But investigations have been ongoing for years without resulting in any charges. Mendenhall says they are just more extortion attempts by “bad actors”.

    He emphasised that many in the Kenyan government are “incredibly supportive”.

    “They understand the vision of this project, understand the number of jobs that it’s created,” he said.

    And for all the corruption attempts, Mendenhall has great faith in Kenya.

    “Kenya is really an economic hub of the region (and) we think Nairobi will become the capital of Africa,” he said.

    (AFP)

  • Tatu City Wars: Inside Story Of Tax Evasion, Money Laundering Probes

    Tatu City Wars: Inside Story Of Tax Evasion, Money Laundering Probes

    • Investigations by law enforcement agencies and bitter parting of ways with a former CEO have all triggered court cases.
    • In other instances, Tatu-City affiliated companies are allegedly incorporated offshore to shield them from taxes.

    On May 16 directors of Green Seal Properties Ltd and Zefus Properties Ltd recorded statements with the Directorate of Criminal Investigations (DCI), following summons related to tax evasion and money laundering allegations probes.

    The DCI’s economic and commercial crimes unit has for months been investigating Green Seal Properties, Zefus Properties and several other companies associated with the Tatu City project for alleged money laundering and tax evasion.

    Court papers filed by firms under the Tatu City umbrella, and the DCI, have shone a spotlight into several happenings around the multibillion-shilling project, which has been plagued by several allegations made in different legal battles.

    Tatu City is fighting many a battle as shareholder wars, investigations by law enforcement agencies, disputed taxes, fallouts with some of its own clients, exchanges with Kiambu County and bitter parting of ways with a former CEO have all triggered court cases.

    By the time Green Seal Properties and Zefus Properties were summoned in May, officers from two elite units of the DCI – economic and commercial crimes, and transnational organised crime – had interacted with the Tatu City investigation file.

    The transnational organised crime unit is now in charge of the probe, as the DCI initiates mutual legal assistance from Mauritius and Bermuda, in the hope that owners of the Tatu City project left behind breadcrumbs which can be used as evidence in potential prosecutions.

    In its court filings, the DCI states that it intends to also prosecute some officials of the Lands ministry and Kenya Revenue Authority for abetting the alleged tax evasion and money laundering scheme.

    In May, detectives sought to hear from directors of the two companies on land transfers involving related entities under the Tatu City project as they put together a file that will be sent to the Director of Public Prosecutions once the investigation is completed.

    In the course of their fact-finding mission, detectives believed they had stumbled into instances of document forgery and misrepresentation of facts, all part of the alleged scheme to launder money and dodge the taxman’s dues.

    A month later, directors of Meteor Properties Ltd, Gunga Properties Ltd, Jojoja Properties Ltd and Purple Saturn Properties Ltd also received DCI summons. Their directors snubbed the summons.

    The six companies cited by the DCI are all related to the Tatu City project, and are special purpose vehicles that were incorporated as part of the mixed-use development which sits on 5,000 acres in Ruiru, Kiambu County.

    On Friday, an officer close to the investigation confirmed that the DCI has filed a new application at the Chief Magistrate’s Court, this time seeking access to bank accounts operated by companies under the Tatu City project and their officials.

    Detectives want permission to obtain documents related to account opening information, signatories, bank balances, statements showing flow into and out of the accounts and other details they believe may aid the investigation.

    The Tatu City project has made some gains since its backers hit the ground in 2008 through real estate firm Rendeavour, most notably being accorded special economic zone status in 2017.

    Over the years, nearly 60 companies cutting across the corporate sector, real estate, manufacturing, hospitality and other industries have invested in the project either through land purchases or setting up premises within Tatu City.

    The DCI’s working theory is that in particular instances, a Tatu City affiliate acquires land from a related company at a pittance of the market value, lowering its tax liability.

    In other instances, Tatu-City affiliated companies are allegedly incorporated offshore to shield them from taxes arising from land purchases.

    “Information and details of the documents believed to be in the custody of the respondents herein are crucial documents that will be used as exhibits to investigate the alleged offences of forgery, illegal dilution of shares, asset stripping, money laundering and tax evasion from proceeds of sale of these parcels of land,” DCI investigator Julius Mateh says in his affidavit.

    The sale proceeds are allegedly shipped to offshore bank accounts, with Mauritius and Bermuda being some of the preferred destinations.

    After directors of Meteor Properties Ltd, Gunga Properties Ltd, Jojoja Properties Ltd and Purple Saturn Properties Ltd snubbed the DCI summons, detectives filed an application before the Kahawa Law Courts Chief Magistrate, seeking authority to cart away dozens of documents.

    Proxies to hold shares

    Sale agreements between related firms that dealt in land, valuation reports for the properties, receipts, tax-related documents, loan paperwork and company ownership records were the subject of the application.

    The DCI also sought to be supplied by Lutta & Company Advocates, and carry away as exhibits, certified copies of the agreement of sale between Kofinaf Company Limited and Jomo Kenyatta University of Agriculture and technology (JKUAT), sale agreement between MJS Mansion Mauritius and Wanachuo Investment Limited and Dexamide Properties Ltd, in respect share purchase and a parcel registered as LR No.10877.

    The DCI argued that Galba Mining Limited was incorporated by Kofinaf Company Ltd, one of the main Tatu City affiliates, and became the majority shareholder in Purple Saturn, thus holding its shares as a proxy of Kofinaf Company Limited.

    The DCI affidavit alleges that this arrangement was well known to Nahashon Nyagah who, together with former Kofinaf and Tatu City Ltd CEO Lucas Omariba allegedly undertook to procure proxies to hold shares in trust for Galba Mining Limited.

    A principal magistrate granted the orders sought by the DCI on August 9.

    By the time the companies were being served with the court orders, Green Seal Properties and Zefus Properties Ltd had overhauled their boards, and directed that any communication from the DCI be directed to their advocates, Anjarwalla & Khana.

    A week later, 10 companies under the Tatu City roof, and a law firm filed an application before the same court, seeking to quash the orders granting the DCI access to the volumes of documents.

    Meteor Properties, Gunga Properties, Green Seal Properties, Zefus Properties, Splendor Investments, Jojoja Properties, Kofinaf Company Ltd, Tatu City Ltd, Purple Saturn Ltd, Daykio Plantations and Lutta & Company Advocates claimed that the orders had been sought through underhand tactics.

    The 11 applicants claimed that they were not aware of the investigations and that the DCI did not serve them with the court orders allowing detectives to cart documents away from their offices.

    The DCI has responded to the application, filing evidence that the companies were not only informed of the investigations through summons, but that former directors of Green Seal Properties and Zefus Properties tagged their lawyers along for recording of statements at Mazingira Complex in May.

    The DCI added that it served the Chief Magistrate’s order on the companies.

    The Chief Magistrate’s Court is yet to determine the application by the Tatu City firms.

    It is the second time that companies under the Tatu City umbrella are trying to wriggle out of tax evasion and money laundering investigations through the courts.

    In April, 2022 High Court judge Esther Maina dismissed a case by Tatu City Ltd and Kofinaf Ltd seeking to block a similar probe by the Ethics and Anti-Corruption Commission (EACC).

    The EACC in 2017 initiated an investigation, as it believed that the Tatu City project was being used to facilitate a form of money laundering called loan back scheme.

    In that scheme, EACC’s probe indicated that some of the Tatu City affiliates had acquired loans from other related companies to conduct the land transactions.

    The loans and land purchases, the EACC investigation found, seemed to be paper transactions, intended to make the companies look like they were doing legitimate business, a pattern often seen in money laundering schemes.

    The EACC investigation is still ongoing.

    Kofinaf Company Ltd, one of the Tatu City owners, is currently battling a Sh656.7 million tax claim from the KRA at the High Court.
    The disputed taxes are in relation to income tax from land dealings in Tatu City for the years 2014 and 2015.

    Kofinaf in 2016 filed its tax returns, which included capital gains on land it had sold. The company then wrote to the KRA claiming that it had erroneously included capital gains tax in its books for five pieces of land sold.

    In those transactions, Kofinaf had sold land to other Tatu City affiliates – Noir Properties, Gunga Properties, Purple Saturn Properties and Jojoja Properties.

    Kofinaf insisted that the land transfers had been done in 2013, two years before capital gains tax came into effect.

    But the KRA in response rejected the claim on July 10, 2017, holding that there was no documentation filed to support Kofinaf’s request to amend its tax returns and remove the capital gains references.

    Dismissed the appeal

    This opened the door for a Sh487 million claim, which was still rising on account of interest and penalties.

    Kofinaf filed an objection to the tax claim. Other tax demands and payment reminders were issued to Kofinaf as the objection was pending. The company objected to the further demands.

    On May 2, 2023 the Commissioner for Domestic Taxes rejected Kofinaf’s request to amend the 2014-2014 tax returns. The amount had now grown to Sh564.8 million.

    Kofinaf objected again, and the KRA rejected again.

    Kofinaf challenged the decision at the Tax Appeals Tribunal in August, 2023. The tribunal in April, 2024 dismissed the appeal.
    Kofinaf has now filed an appeal against that decision at the High Court, with the amount ballooning to Sh656.7 million.

    That includes Sh297.18 million as the principal tax amount, Sh285.3 million in interest and Sh74.3 million in penalties.
    The Commissioner for Domestic Taxes dismissed the objection on July 14, 2023.

    During a National Assembly investigation into the tax evasion allegations, it was claimed that Tatu City affiliate companies were cooking books to lower their dues to Caesar.

    In one instance Stephen Mwagiru, one of the local shareholders that fell out with foreign shareholders, claimed that a piece of land was sold to Jomo Kenyatta University of Agriculture and Technology for Sh842 million.

    But Tatu City allegedly declared Sh235 million as the sale price in its books of accounts, effectively lowering tax liability.
    A parcel sold to Splendor Investments, allegedly worth Sh2 billion, had its sale price logged in as Sh559 million.

    Mr Mwagiru claimed that the Tatu City project had facilitated tax evasion to the tune of Sh1.5 billion.

    Nahashon Nyagah, another local shareholder, who is also engaged in court battles with his foreign counterparts told that Parliamentary committee that the tax dodged stood at Sh6.5 billion.

    Tatu City maintained that the allegations were bogus, and that Mr Nyagah and Mr Mwagiru were bent on frustrating the multibillion-shilling project.

    The Parliamentary petition seeking sanctions against Tatu City and its affiliates was dismissed.

    Mr Nyagah is among the local partners who have been engaged in court battles with foreign nationals who are also directors in Tatu City and its affiliate companies, since 2015.

    Mr Nyagah, Mr Mwagiru and Bidco Group chairman Vimal Shah were among local partners in the Tatu City project. Mr Nyagah and Mr Shah were minority shareholders.

    Mr Shah and Mr Nyagah sued their foreign counterparts Stephen Jennings (New Zealand), Frances Holliday (UK), Hans Jochum Horn (Norway), Frank Mosier (US) and Christopher Barron (New Zealand) in 2015 to block their removal from the project and its operations.

    They also sued two local partners, Pius Mbugua Ngugi and Anthony Njoroge, who were on the other side of the fence.

    A series of allegations and counter allegations have since been made in that and other cases pitting the two sides. The cases are still pending determination at the High Court in Nairobi.

    Mr Nyagah’s camp claims that the foreign shareholders are engaging in tax evasion and money laundering. The foreign shareholders claim that their local partners intended to defraud Tatu City of large land parcels worth billions.

    The foreign shareholders have countersued, accusing even lawyers and associates of Mr Nyagah and Mr Shah of aiding fraud against Tatu City and its affiliate companies.

    Lucas Omariba, who was Tatu City CEO when the ownership battles begun, is now one of the respondents in the countersuits.
    He was sacked in 2015 for alleged insubordination and making negative comments against Tatu City directors.

    His termination letter did not indicate the reasons for sacking, which saw Mr Omariba bag a Sh27.5 million windfall for wrongful dismissal after suing Tatu City.

    Tatu City ecosystem

    Tatu City filed a counterclaim against Mr Omariba, which was dismissed, accusing him of sharing confidential information with third parties after being sacked. Mr Omariba was ordered to either return a Tatu City-issued mobile phone and laptop or pay the company half the purchase price of the two devices.

    Justice Onesmus Makau’s 2021 judgment came as another Tatu City friend turned into a foe.

    Former Kiambu governor William Kabogo sued four companies under the Tatu City umbrella in 2021, seeking to enforce a sale agreement for 100 acres valued at Sh3.4 billion.

    Mr Kabogo sued alongside Gilulu Investments Ltd and Acres and Homes Ltd, seeking to stop Tatu City from terminating the deal, which had seen him pay a Sh348 million deposit in 2016 when still serving as governor.

    The politician described Stephen Jennings as the controlling mind of the Tatu City ecosystem, as Chris Barron plays an executive function in the project.

    Mr Kabogo claimed that Mr Jennings and Mr Barron requested him to incorporate a company in another country and use it to purchase the land by making payments to a Bermuda-registered Tatu City affiliate called West African Real Estate Holdings.

    The former governor said in court papers that he rejected the move to avoid trouble with the KRA over possible tax evasion.

    His Acres and Homes paid the deposit. Fundamental Property Ltd, another Tatu City affiliate, issued a termination notice to Mr Kabogo’s former advocate Mary Chege, who then transmitted the document to her client.

    Despite being listed by a defendant by Mr Kabogo, Ms Chege is registered as an official of Gilulu Investments, one of the plaintiffs.
    Gilulu Investments is registered in Seychelles.

    In response to the suit, the Tatu City affiliates filed objections seeking to have the matter referred to arbitration in line with the sale agreement.

    Ms Chege filed an objection to being listed in the suit, and later attempted to switch advocates representing Gilulu Investments.  She had intended to have Gilulu Investments switch sides and support the Tatu City affiliates. The suit is still pending final determination.

    When asked about some of the allegations made by investigative authorities, which are serious and transnational in nature, particularly in regards to asset stripping, forgery and tax evasion, Preston Mendenhall, Group COO Country Head, Kenya Rendeavour came out guns blazing; “Your questions resemble the narrative they regularly peddle to journalists about Tatu City. It’s quite old material actually, covered ad nauseum by NMG for years … with no proof whatsoever.”

    With the Kabogo suit still ongoing, Tatu City has been entangled in fights with some of its clients.

    Justice Grace Kemei on October 6 allowed Home Bridge Ltd to proceed with its construction of 652 apartments in Tatu City, after lifting a stop order initially issued against the developer.

    Tatu City sued Home Bridge in 2023 at the Thika High Court, through Ahmednasir Abdullahi Advocates, arguing that Home Bridge did not get building approvals from Tatu City before embarking on the development project.

    Justice Kemei lifted the stop order after Home Bridge argued through Iseme, Kamau & Maema Advocates that it sought approvals from the Lands ministry and Kiambu County only following frustration from Tatu City that culminated in an allegedly exorbitant fee demand.

    Tatu City had demanded Sh46 million before issuing approvals, while the two government institutions charged Sh7 million.

    Home Bridge Ltd filed evidence that Tatu City was copied in the applications for the approvals, and ensuing feedback from the Lands ministry and Kiambu County.

    On account of that evidence, Justice Kemei said Tatu City could not claim that Home Bridge Ltd commenced construction without the necessary building approvals.

    “The court finds that the defendant (Home Bridge Ltd) commenced construction after seeking and obtaining approval from the minister. The claim therefore that the defendant was developing the unit without approved plans is untenable. It is not disputed that the plaintiff (Tatu City) was involved in the process of approval undertaken by the Director (of Physical Planning, Ministry of Lands),” Justice Kemei said in her ruling.

    Tatu City has filed a notice of appeal to challenge Justice Kemei’s ruling, even as the HIgh Court case is yet to get a final determination.

    The firm insists that its approvals were a priority, and that construction could not start before Tatu City’s green light.

    Home Bridge borrowed Sh2 billion from a local bank for its project and the stop order risked piling idle fees – penalties for construction delays caused by the contracting party – levied by different contractors it hired for the project.

    Tax evasion and money laundering

    Just six months earlier, Home Bridge scored another court victory against Tatu City.

    In that case, Tatu City Ltd and Tatu Connect SEZ Ltd sued Home Bridge at the Chief Magistrate’s court in Ruiru, seeking Sh10 million in service charge.

    Tatu City claimed that Home Bridge had defaulted on service charge since 2016, and that the amounts due had grown to Sh10 million, inclusive of penalties.

    Home Bridge in its defence argued that service charge was to be levied by a property owners association, which had not been made operational when it was slapped with the Sh10 million demand.

    The real estate firm also raised issue with some items in the billing, and questioned the process used in determining the amount of service charge to be paid by occupants in Tatu City, especially because there was no documented formula.

    An audit report of the service charge levied was conducted, but not availed to Home Bridge.

    A meeting requested by Home Bridge failed to resolve the standoff, and Tatu City sued.

    Chief Magistrate Joseph Were dismissed Tatu City’s case.

    The magistrate in his judgment found that the property owners association had not been made operational, and cast doubt on Tatu City’s authority to assess and levy the service charge.

    The magistrate added that if assessment of service charge was to be done, then property owners should have been involved in the process.

    Mr Mendenhall fell short of explaining how the cases that border shareholder wars, the tax evasion and money laundering investigations by EACC and DCI, the labour court matters, the cases against some clients; and the allegations made in them have affected the uptake of the project in terms of attracting blue chip firms and land sales, and instead chose to intimidate and stalk the journalist with unveiled threats.

    He rubbished our queries, instead choosing to malign NMG’s commercial department; “…If things are so dire at Tatu City, why does the NMG marketing department flood us with requests for commercial partnerships? Might that be because Tatu City is successful?”

  • Tatu City Directors And Top Officials Under Investigations Over Money Laundering Claims And Defrauding Taxpayers Billions

    Tatu City Directors And Top Officials Under Investigations Over Money Laundering Claims And Defrauding Taxpayers Billions

    Directors and top officials of high end and mixed use real estate firm Tatu City and its main subsidiary Kofinaf are under investigation by the Ethics and Anti-Corruption Commission (EACC) over claims of money laundering and defrauding taxpayers of billions of shillings.

    At the heart of the investigations are multi-billion transactions relating to the sale of thousands of acres by Tatu City in Ruiru, Kiambu County, without payment of taxes to the Kenya Revenue Authority (KRA).

    According to EACC, the firm is accused of undervaluing value of transactions which could amount to serious economic crimes.

    The investigations are said to have unearthed illegal operations at the firm which has been at the centre of a vicious war pitting local investors and foreign billionaires. The latter own Rendeavour, the company that paid Sh2.4 billion and Sh7.56 billion to Socfinaf, a Belgian coffee and rubber producer, for the Tatu City and Kofinaf land, respectively.
    Investigations began in 2018, but were stopped in 2019 by a court order. However, the probe has resumed after the anti-corruption court disallowed a plea from the officials to protect themselves from investigations.

    Lady Justice Esther Maina dismissed a petition by the developers challenging the investigative mandate and powers of EACC to obtain information relating to their operations, effectively allowing the Twalib Mbarak-led Commission to probe the leadership of Tatu City.

    Justice Maina ruled that EACC has the authority to investigate cases of suspected corruption, tax evasions and money laundering.

    EACC described the latest development as “a major boost in the war against corruption”, adding that it would immediately resume investigations as guided by their mandate.

    “We are keenly observing the unfolding events regarding this matter, we are guided by our mandate,” EACC spokesperson Yasin Amaro explained to the media in Nairobi.

    EACC has named Stephen Jennings, the chief executive officer and founder of Rendeavour, the majority shareholder of Tatu City and Chris Barron, the country head, who has previously held the positions of chief operations officer, head of sales and operations manager, as persons of interest in the matter.

    EACC has been pursuing Tatu City developers, a consortium of investors working on a 5,000-acre project hosting homes, schools, offices, a shopping district, medical clinics, nature areas, a sports and entertainment complex and manufacturing area for more than 150,000 residents and tens of thousands of day visitors.
    Detectives suspect the developers have been running an enterprise that thrives on suspected money laundering and fraud in which the government has lost billions of shillings following accusations that they have been repatriating huge amounts from the sale of land to offshore accounts in Mauritius, Bermuda and Germany, without paying taxes.

    Stephen Jennings, the chief executive officer and founder of Rendeavour, the majority shareholder of Tatu City.

    However, Tatu City and Kofinaf directors argue the investigations were only aiding extortion, harassment and interference in favour of its disgruntled minority shareholders.

    The disgruntled directors, they say in court papers, are Steve Mwagiru, a coffee farmer and his partners, Vimal Shah, chairman of Bidco Group, and Nahashon Nyagah, a former Central Bank of Kenya Governor, who co-own Manhattan Group.
    Tatu City accuses the minority shareholders of trying to extort the legitimate owners of Tatu City and also harassing international shareholders “through influence of the Judiciary, police, immigration services and media” and that “all evidence of their actions has been turned over to the Directorate of Criminal Investigations and the EACC”.

    Tatu also accuses Nyagah of attempting to fraudulently change the shareholding of Kenyan companies that own the land to his sister, driver and members of his church.

    On the other hand, Shah…is accused of forging a letter without board approval, seeking to freeze Tatu City’s bank accounts while Mwagiru has been accused that, between 2010-2013, he sought to register caveats using a falsified Form CR12 to indicate that he and his mother were the sole shareholders and directors of Tatu City.

    But EACC, according to court documents, accuses Tatu City of under-valuing property that it allegedly later transferred to related firms to allow payment of lower stamp duty tax equivalent to 2 per cent of land transfer value.

    The land would later be transferred to newly-formed foreign registered companies as shareholders with the non-Kenyan firm disposing the plots at market value locally, ultimately escaping paying stamp duty because it is not listed in Nairobi.

    In one such scheme, the EACC told the court that Tatu undervalued a property and sold it for Sh748 million to a local firm that moved it to a foreign company, which transferred the property locally at a market value of Sh4 billion but the State received stamp duty on Sh748 million and not Sh4 billion.
    The alleged economic crimes claims against Tatu City were the subject of proceedings at the National Assembly, where minority shareholders told the Lands committee that the management has been under-declaring valuations in order to “swindle the Kenyan government of income tax” amounting to Sh1.5 billion and went on to give shocking examples which the management rubbished, saying KRA has no tax claim against Tatu City.

    Mwagiru, in documents he tabled before the committee, said land title number 10887, which was sold at Sh842 million but whose entries at the Land ministry show that it fetched a paltry Sh235 million, title number 11287 was alleged to have been transferred to another firm at Sh330 million when the actual value was Sh1.3 billion resulting in a Sh38 million loss in stamp duty and Sh291.7 million in income tax.

    Mwagiru also said title number 11428, which was under declared after it was marked as having been sold for Sh219 million when the actual value was Sh814.8 million.

    Further, land number 11486 valuation was declared as sold for Sh340 million against its actual value of Sh1.19 billion while LR No 8749 was declared as fetching Sh2.7 million when the actual cost was Sh628 million while LR 248/1 &248/5 was declared as valued at Sh200 million when the actual cost stood at Sh1.17 billion.

    The probe by EACC had gathered steam, with EACC writing three letters on September 30, 2018, September 24, 2018, and November 2, 2018, to the Ministry of Lands requesting it to be furnished with crucial information and documents regarding their transactions.

    The letters, which were never executed due to court orders, touch on various land parcels which form Tatu City.

    City management, however, argued that the implementation of the request would have ramifications on the ownership, transactions and use of the said land parcels.

  • Tatu City Investors Accuse Kabogo Of Blackmail In Bribery Court Row

    Tatu City Investors Accuse Kabogo Of Blackmail In Bribery Court Row

    Former Kiambu Governor William Kabogo is entangled in a Sh4.5 billion bribery court row with investors behind the Tatu City real estate project.

    The investors have accused Mr Kabogo of illegally holding onto five title deeds as part of a ploy to blackmail them into ceding a five percent stake in a section of the multibillion-shilling project.

    Stephen Jennings, the majority shareholder in the Tatu City projects, claims that Mr Kabogo has fabricated a series of events to try and trick the High Court into declaring that the politician is entitled to five percent of any proceeds that the developers will earn from a 128-acre section of the development.

    Mr Jennings insists that the former Kiambu governor is not the registered owner of Gilulu Investments and Acres and Homes – the two firms Mr Kabogo claims to have used in the dealings with Tatu City.

    He adds that if Mr Kabogo is the beneficial owner of the two firms, then he must be investigated for laundering funds illegally acquired from Kiambu County.

    Mr Kabogo has filed two suits against Tatu City and some of its directors and sister companies, claiming to have been given title deeds to 128 acres worth at least Sh4.5 billion, after agreeing to buy another 100 acres from the real estate firm.

    The suit has blown the lid on questionable transactions that Mr Kabogo entered into with the private developer while serving as Kiambu governor.

    Mr Kabogo says he met Mr Jennings twice in 2015 to iron out details of an agreement.

    The former Kiambu governor claims that during a meeting at the Lord Eroll hotel in Ruaka, Mr Jennings offered him a five percent stake in sections of Tatu City on account of the politician’s “good will, business acumen, reputation, political experience and financial wherewithal”.

    Mr Kabogo claims that Mr Jennings was to sort out any finances involving his onboarding at Tatu City.

    Aside from the shareholding deal, Mr Kabogo claims that he paid Sh348 million to Rendeavour Services, a Tatu City shareholder associated with Mr Jennings, as a 10 percent deposit for the 100 acres within the real estate project.

    But Mr Jennings has hit back at the former governor, challenging him to provide any agreement or evidence of payment for the five percent stake in the Tatu City properties.

    The transfer of the 100 acres was done on May 31, 2016, and the Sh3.7 billion balance was to be paid within 12 months.

    Mr Jennings argues that Mr Kabogo entered into a sale agreement with Fundamental Property Limited, which he insists is a separate legal entity from Tatu City and other sister firms.

    While Mr Kabogo says that completion of the purchase price was pegged on lifting of court orders from other cases that froze transfer of land from Tatu City and its sister companies, Mr Jennings argues that the agreement only had a clause to pay the balance within 12 months.

    “If it is true, which is not admitted and denied, that it is indeed Mr Kabogo, the former governor of Kiambu County who provided the finance of the agreement to the tune of $34,485,290.40 (approximately Sh4 billion) and is the human face and force behind the agreement between Gilulu Investments and Fundamental Property, then the agreement is null and void ab initio as it is proceeds of crime and money laundering as it must have been acquired as a result of corrupt dealings during his tenure as governor of Kiambu County,” Mr Jennings said in court papers.

    Mr Jennings says that Mr Kabogo did not complete the payments within 12 months, and cannot now cry foul. Mr Kabogo’s 10 percent deposit was refunded.

    The politician is currently in custody of four title deeds to land parcels measuring 105 acres, and claims that Tatu City gave him the ownership documents as part of the deal that was to see Mr Kabogo get a five percent stake in the project.

    On April 19, Tatu City and its sister company Oaklands Properties Kenya wrote to Mr Kabogo’s companies demanding that the title deeds be returned.

    “There exists a partnership agreement between the plaintiff and the 1st-4th defendants. The said partnership commenced in the year 2015 when Mr Jennings made an offer to Mr Kabogo. The offer, which Mr Kabogo accepted, was that Mr Jennings would “buy in” Mr Kabogo to Tatu City Limited. The said partnership at will has been sustained over the years by terms which are partly oral and partly written,” Mr Kabogo said in court papers.

    Mr Jennings argues that there is no evidence that Mr Kabogo would claim the five percent stake in Tatu City, and insists that the former governor is lying to the court on how he came to possess the title deeds.

    “Mr Kabogo’s alleged ownership of the five parcels of land through what he calls ‘beneficial ownership’ is entirely without consideration. Mr Kabogo is holding Oaklands Properties’ titles as part of an extortion scheme,” Mr Jennings said. “Mr Kabogo’s entire claim is based on obvious and plain extortion and/or blackmail and is thus a criminal enterprise poorly clothed in a legal claim.”

    Mr Kabogo claims that companies and individuals buying land in the affected sections have been asked to send money to him, a move that could create more legal troubles if buyers were caught up in the feud.