Fact check: Five reasons why documents posted on social media platform on Njeri's diesel import claims are misleading

Businesswoman Ann Njeri Njoroge. [Kelvin Karani, Standard]

"I told you, always be near the truth…"

This was the post from one Kimuzi on his X account @Chebasak and a snapshot of The Saturday Standard detailing the court battle pitting Ann Njeri and Galana Energies Limited.

A cursory look at his threads of the saga indicates he is enchanted by the Sh17 billion oil saga. He accuses government officials of illegally taking away Njeri’s oil.

However, a fact check on the documents he posted, juxtaposed with the filings before the court by Njeri, Galana Energies, Kenya Ports Authority (KPA), and Kenya Revenue Authority (KRA),  one would conclude that the truth lies elsewhere.

For starters, the documents posted by Kimuzi on his account are not part of court documents filed by Njeri in court claiming that her company Ann’s Import and Export Enterprises Limited owned the contested oil.

On November 23, 2023, Kimuzi posted a document indicating that the shipmaster was one Ali Mohammed Ibrahim.

The document also contains a stamp and a logo indicating it is allegedly from Nora Tankers Limited, Malta.

However, in court, Njeri’s bill of landing the shipmaster of MT Haigui was Dogukan Bulut.  On the other hand, Galana argued that the shipmaster was Captain Dimitrios Stratakos.  A shipmaster and a vessel master mean the same.

Kimuzi’s document also indicates that the country of origin is Kazhakstan and the exporter is JSC Ushkuyu. The consignee is Ann’s company.

“Someone claimed the documents were false. But again if you look at the whole route from Aktau, Kazakhstan, to Saudi Arabia port of Jeddah then Mombasa Port, ask yourself one question. Can they forge all those documents pertaining the whole voyage plus all the duration?” paused Kimuzi.

However, court documents give a different account.

From Njeri’s documents, the origin is Azerbaijan Republic.  On the other hand, Galana’s documents indicates that the oil was from Saudi Arabia’s Aramco

On one hand, Njeri narrated that the vessel sailed from Mosco- Russia to Mombasa. According to her, it sailed through Azerbaijan Republic, then to Turkey, Jeddah, Port of Ceyhan and finally to Mombasa.

 His other documents include a certificate of quality and quantity, alleged to be from Independent Quality Services LLC. This document is dated September 29,2023.

In the meantime, Njeri’s own document is from Societe Generale de Surveillance Azei Limited (SGS), based in Azerbaijan.

To support her case, she provided a letter of entrustment, authorisation to board, bill of lading, intertanko-chartering questionnaire, ullage report dated October 2, 2023 and analytical report dated the same date.

Another document he posted is the standard tanker chattering questionnaire 88.  Questionnaire 88, widely referred to as “Q88”, was first issued in 1988, and is used to assess vessel suitability and risk when chartering tankers.

However, the word ‘intertanko’  and oil are missing in his document. The title should be  Intertanko chartering questionnaire 88-oil.

 In court, Njeri submitted a totally different questionnaire.