EACC wants top port officials prosecuted

The Ethics and Anti-Corruption Commission (EACC) has accused the Kenya Ports Authority (KPA) of illegally leasing out 3.2 acres of public land.

According to EACC, the land worth more than Sh450 million was leased to a private developer to secure a bank loan.

Yesterday, the commission told the High Court that preliminary investigations had indicated that on December 19, 2002, senior KPA officers colluded with the director of John Grossert and Company Limited and Alnoor Habib Jiwan to facilitate the guaranteeing of a loan of Sh16,461,000 from Barclays Bank using the suit property, contrary to the terms and conditions of the lease.

According to EACC, the said loan was used to guarantee John Grossert and Company Limited parent company, AMGECO.

In a recommendation letter, EACC wants the Director of Public Prosecution (DPP) to prosecute the officials behind the said lease of the suit land.

Witnesses’ identity

“EACC filed a summary of the investigative report and until the time the DPP considers the report, the identity of the witnesses and the documents has to be protected," said EACC lawyer Francis Makori.

However, KPA lawyer Augustus Wafula told Justice Eric Ogola that KPA had no idea of existing fraudulent transfer of shares or lease during the acquisition of the said loan from Barclays Bank.

He said the loan said to have been taken from Barclays Bank by the company had been paid by 2012 and therefore the matter was already overtaken by events.

John Grossert and Company Limited director Alnoor Habib Jiwan, through his lawyer Samir Inamdar, told the court he acquired the property through a grant made on May 11, 1960 for 99 years, commencing on January 1, 1949.

He said he acquired John Grossert and Company Limited, a subsidiary of AMGECO, in 1998.

He said the company was not aware of the basis of the allegations made against it since EACC had failed to supply it with a complaint letter and was overstepping its mandate.