Confusion as ‘Devani’ is arrested

By Cyrus Ombati

There was confusion after a man thought to be the fugitive proprietor of Triton Petroleum Limited, Yagnesh Devani, was arrested at the Jomo Kenyatta International Airport, Nairobi.

As we went to press, police and the Kenya Anti-Corruption Commission detectives who had been trying to confirm the identity, as they waited the outcome of tests they ran on him, said they had the wrong man.

Later, Nairobi lawyer Katwa Kigen said Devani was not in Kenya as police sources said the man could be Devani s kin.

Devani is wanted over the Sh7.6 billion oil scandal that left detectives, Kenya Pipeline and Ministry of Energy officials flat-footed and egg-faced.

The suspect in police custody had arrived from India aboard a Saudi Arabian airliner when security personnel seized him at the airport.

Witnesses said the CID and KACC officials seemed to be aware he was landing as they went to fetch him on the runway as the passengers disembarked.

They briefly detained him at JKIA before driving him to town under tight security.

His plane, which had originated from India, touched down at JKIA shortly before 1pm to a waiting team of security officers who scrutinised all the alighting passengers before they arrested Devani.

He was then driven to CID headquarters where his fingerprints and photographs were taken for forensic analysis to confirm his identity.

CID director Karanja Gatiba could only tell The Standard on Saturday that they were holding a man resembling Devani.

"We are waiting the results of the tests we ran on him to confirm if indeed it is Devani who is in our custody. Let’s wait and see," said Gatiba.

However, most of the detectives who spoke to The Standard on Saturday were upbeat they had the man they have been looking for.

An official at the airport whose identity cannot be revealed because he is not authorised to speak to the Press, said the suspect was travelling on a Kenyan passport with the names Yagnesh Devani. He, however, had six other passports.

Gatiba said an arrest warrant for the suspect was still in place contrary to claims it had been lifted.

Other sources said the man could be Devani and Interpol officials, who had been trailing him since he left Kenya in 2007, tipped off local security officials. Devani fled the country in 2007 in the wake of mounting pressure by oil companies following Triton Petroleum’s failure to make deliveries for oil imports estimated to have been worth Sh7.6 billion. Triton had won the tender to import on behalf of other oil companies.

A Nairobi court issued a warrant of his arrest and Interpol ordered to pursue him.

Mr Devani was sued for allegedly stealing Sh2.7 billion from the Kenya Commercial Bank. The bank has also sued Triton for Sh2 billion for oil imports secured by the bank through various debentures.

Several of his senior managers and workers, including Peter Kimathi, William Mundia and Sunil Somai were arraigned in court and charged with various criminal offences relating to the Sh7.6 billion oil scandal.

Triton’s main creditors are the Kenya Commercial Bank, Fortis Bank Nederland, NV PTA Bank, and a host of other unsecured creditors, including some oil marketing companies.

The wealthy businessman had been charged in absentia with stealing over US$12 million, property of Kenya Commercial Bank. He also faced another count of theft by servant of over US$19 million, which he received on behalf of Kenya Pipeline.

According to the charge sheet filed in court, Devani was accused of stealing Sh955,334,094 from Kenya Commercial Bank between July 31 and August 1, 2008, at the bank’s Moi Avenue branch. In the second count, he was alleged to have stolen some 26,216.60 metric tonnes of oil at the Kipevu storage facility in Mombasa.

The oil had allegedly been entrusted to him by KCB to jointly hold in safe custody with the Kenya Pipeline Company for and on account of Triton Petroleum and KCB.

It alleged that the petroleum products were valued at Sh1,532,272,140.