‘Ann Njeri forged documents!’ Energy CS Chirchir issues official statement on Ksh.17B oil saga

A day after businesswoman Ann Njeri Njoroge was released by her abductors after allegedly being kidnapped when she went to record a statement over her oil consignment at DCI headquarters and insisted that the consignment belonged to her, Energy Cabinet Secretary Davis Chirchir has come out to dismiss those claims.

In a statement to newsrooms on Wednesday evening, CS Chirchir says the businesswoman's company, Anns Import and Export Enterprises Limited, which allegedly ordered for the consignment, is not listed as a licensed petroleum import company.

"I can confirm that Anns Import and Export Enterprises Limited has not signed the transport and storage agreement as required under Regulation 6 of the Petroleum (Importation) Regulations, 2023 and cannot therefore qualify to be an oil marketing company,” he said.

According to the CS, the businesswoman’s company has not signed the open tendering system agreement hence cannot claim to have imported a diesel cargo into Kenya.

Chirchir also revealed that Njeri's company made an application for licence for import, export and wholesale of petroleum products to the Energy and Petroleum Regulatory Authority (EPRA) through the online portal on October 9, 2023.

The application, he disclosed, was however rejected 20 days later after evaluation as the company failed to meet the requirements.

These include; proof of annual sales volume in Kenya of 6.6 million litres of fuel products, proof of operation of 5 licensed retail stations, proof of operation of a licensed depot in Kenya, and proof of annual turnover of USD 10 million for the last three years for applicants with operations outside Kenya.

“The company claims that a petroleum import license had been issued, paid for and is awaiting signature which is untrue and a complete fabrication,” the CS added.

“First, EPRA does not currently charge fees for petroleum licences and secondly, EPRA does not have within its records a petroleum import licence issued to Anns Import and Export Enterprises Limited that is awaiting signature.”

Chirchir said the ministry wrote to Aramco Trading Fujairah FZE which supplied the consignment through their nominated oil marketing company, Galana Energies Limited, for the supply of 85,000 metric tonnes of diesel to be delivered to the Port of Mombasa between October 17–19, 2023.

Galana Energies then advised the ministry on the nomination of MT Haigui for delivery of the cargo on September 2, after entering into a tripartite agreement for the financing of the cargo with KCB Bank and Kenya Pipeline Company (KPC) where the lender issued a letter of credit for the cargo.

CS Chirchir insists that the vessel was loaded with 93,460.46 tonnes of diesel from the Port of Yanbu Samref TMNL in Saudi Arabia, thereby dismissing Njeri’s 100,000 tonnes of diesel claims.

The Cabinet Secretary said that the Bill of Lading provided by Njeri's company was rejected by the Vessel Master because the stamp was not identical to that of MT Haigui,, the cargo quantity indicated was incorrect, the Master's signature was forged, and that the port of origin captured was incorrect.

Chirchir said five days after discharging of the consignment, Galana Energies was served with an injunction with a claim of the diesel onboard MT Haigui by Njeri's company.

Galana Energies reportedly filed a response on November 10, and the injunction was lifted on November 14.

What remains a mystery, however, is the subsequent abduction of the businesswoman after reporting to Chirchir about the matter and failure by the investigative agencies to address the accusations of kidnapping and holding Njeri incommunicado.