Chinese investor demands Ksh.110M from mining firm after allegedly being declared dead

Chinese investor and former founding director of Chuanshan International Mining Company, Han Ke, is demanding Ksh.110 million in damages from the mining firm over an alleged scheme to have him declared dead while he was still alive.

Han, through his lawyer Tonge Yoya, claims records were used to falsely indicate that he had died and were subsequently relied on to interfere with his ownership, directorship and business interests in Kenya.

Documents show that records were used to indicate that he was deceased despite him being alive.

However, the circumstances surrounding the preparation and use of the documents remain subject to investigation and, where applicable, determination by the courts.

Han has further alleged that individuals linked to Chuanshan colluded with corrupt officials within the immigration system to facilitate the purported declaration of his death.

His legal team claims the alleged death records were later linked to disputed documents that were used to alter the ownership and directorship of the company.

“Our client is alive, yet the system says otherwise,” Yoya said, describing the dispute as an extraordinary case that raises questions about the integrity of Kenya’s public records and the protection of foreign investors.

According to documents presented by Han’s lawyers, questions have been raised over the authenticity and circumstances surrounding documents allegedly used to change the company’s corporate structure.

The legal team says the matter subsequently attracted the attention of relevant authorities.

Han is seeking Ksh.110 million in compensation for what he describes as financial losses, reputational damage, emotional distress, loss of business opportunities and other consequences arising from the alleged actions.

He is also seeking a public apology from Chuanshan International Mining Company, compensation for defamation and reputational damage, as well as restoration of his rights and status associated with the company.

A key demand by Han is for the company to be compelled to allow him to return to Kenya freely and without interference.

He argues that his ability to return to the country should not be restricted by what he describes as an unlawful corporate dispute involving his identity and business interests.

Han was among the founding figures associated with Chuanshan's operations in Kenya and was involved in the development of a diatomite processing project in Baringo County.

The investment was presented as having the potential to create jobs and stimulate economic activity in the area, including through community development initiatives involving local residents.

Han's legal team says the company was involved in discussions around a Community Development Agreement projected to support up to 1,500 jobs and establish an industrial park with activities spanning manufacturing and healthcare.

The company has also been associated with community initiatives, including the provision of solar panels and batteries to households with limited access to electricity.

The dispute therefore extends beyond a corporate ownership contest, with questions also emerging over the potential impact on communities connected to the investment.

For Han, the dispute concerns more than a disagreement between business partners. He maintains that it affects his identity, reputation, investments and ability to return to Kenya, where he has conducted business.

His lawyers are consequently seeking financial compensation, restoration of his reputation, a public apology and the restoration of his ability to return to Kenya without obstruction.

The allegation that immigration officials may have colluded with individuals associated with Chuanshan to record Han as deceased is among the most serious aspects of the dispute.

Han's legal team is expected to rely on documentary evidence to substantiate its claims, including records which, according to documents, indicate that Han was treated or recorded as deceased despite being alive.

If independently established, the allegations could raise questions over possible violations of laws relating to fraud, forgery, corporate governance, immigration records and investor protection.

For now, however, the allegations remain unproven and subject to investigation and judicial determination.

Han maintains that he remains committed to his Kenyan business interests and wants the dispute resolved through lawful processes.