Businessman sues State agencies over lost Sh1.8m in port deal
A security guard checks the temperature of a police officer outside the Mombasa Law Courts on July 9. Many guards have been thrust into the frontline in the battle against Covid-19
A Nigerian businessman has sued three State agencies over more than Sh1.8 million he lost to a clearing agent at the Mombasa port.
Mr Chisom Alfred Okorie lost the money after Mr Stanley Wachira Maina, who was supposed to clear his imported goods, disappeared with it.
Mr Okorie wants a court to help him recover the money, by compelling the three State agencies to arrest and arraign Mr Maina, who he claims is being protected by the police.
Through his advocate Elkana Mogaka, he argues that the police will not arrest the suspects unless the court puts pressure on them to act.
“The arrest and arraignment in court of the suspects is my only course of relief as the suspects have on multiple times failed to come good on their obligations. I have been following this case for four years now,” he told the court.
Mr Okorie has sued Director of Public Prosecutions Noordin Haji, Director of Criminal Investigations George Kinoti, and Inspector-General of Police Hillary Mutyambai.
Mr Okorie imported goods from South Korea in 2016. However, the clearing agent disappeared with the money before releasing the goods from the port.
He says in court documents that he transferred S1.8 million in two instalments from his bank account to that of Mr Maina. This money was to ensure that a container carrying the goods was cleared from the port for subsequent transport to Nairobi.
After receiving the money, Mr Maina allegedly picked up the claimant’s calls once, to confirm receipt of the money, and that was the last time they communicated.
“From then onwards, he never picked my calls. My efforts to reach him did not bear any fruits,” Mr Okorie says.
As the container lay at the port, the Nigerian received a notice that his goods were about to be auctioned by the Kenya Revenue Authority if he failed to pay the import duties.
When Mr Okorie traced Mr Maina to Mombasa, the clearing agent received his call once then went underground
After waiting for two days, Mr Okorie reported the matter to the Port Police Station.
Mr Maina was then arrested and charged in a Mombasa court with obtaining money by false pretences.
Before the case could proceed to a full hearing, Mr Maina and Mr Okorie reached an agreement for an out-of-court settlement.
Under the deal, Mr Maina was to pay the Nigerian Sh1.5 million in instalments of Sh50,000 every two months until the money was paid in full.
Also, Mr Maina’s wife Maryanne Wairimu Wanjiku handed over the original logbook of her car to Mr Okorie as a security for this agreement until the debt was cleared.
But Mr Maina did not honour this agreement after securing his freedom, as he failed to pay the money.
When Mr Okorie sought to sell Ms Wanjiku’s vehicle, he found out that the ownership details had been changed and the vehicle had been sold to Mr Morris Kathoka Musyoka.
The original logbook in his possession became useless. He brought this to the attention of the National Transport and Safety Authority (NTSA), which flagged the transfer as a fraud.
Last month, Mr Okorie filed a complaint at the Changamwe Police Station against Ms Wanjiku and Mr Maina over the fraudulent transfer of the vehicle’s ownership documents.
But he laments that despite providing the police with all documents, including the agreement, no arrest has been made.
The Nigerian man, who has now filed a civil case against the three agencies, wants a warrant of arrest issued against Mr Maina, Ms Wanjiku, and Mr Musyoka.
Mr Mogaka told the court that his client is apprehensive that the police are not only deliberately slow in the case but are also actively shielding the suspects from arrest.
