A Mombasa High Court Judge has dismissed a Sh17 billion fuel import claim filed by Ann's Import and Export Enterprises Ltd., terming it an "amateurish heist attempt."
The company, owned by Anne Njoroge, had claimed ownership of 100,000 metric tonnes of diesel allegedly imported from Jeddah, Saudi Arabia.
However, the evidence presented by Njoroge failed to convince the court.
Justice Kizito Magare, who presided over the case, pointed out numerous inconsistencies in Njoroge's claim.
The presented documents, according to the judge, "left no doubts that no drop of the claimed fuel could have left Saudi Arabia."
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Crucially, Njoroge could not produce any documentation proving the purchase, import, or requisition of the fuel (Diesel EN 590).
Justice Magare remarked, "The claimant should stop watching too many movies, especially the money heist."
Further complicating the case, the fuel discharged from the ship, MV Haigui, was Gas Oil 50ppm Automotive Gas Oil (AGO), not Diesel EN 590 as claimed by Njoroge.
Additionally, the manifest with Kenya Revenue Authority also corresponded with AGO.
"The diesel never arrived in the country," stated Justice Magare.
The judge further highlighted the lack of a licensing element in Njoroge's claim.
The oil sector in Kenya is highly regulated, requiring specific licenses for fuel import.
Njoroge's firm, Ann's Import and Export Enterprises Ltd., did not possess such a license.
The authorized importers for the specified fuels were Galana Energies Ltd, Gulf Energy, and Oryx Energies.
The court case exposed a web of inconsistencies. The initial application listed the vessel as "Rowan" with a different captain.
The bill of lading was also found to be fictitious, with Njoroge listed as both shipper and importer, an anomaly in standard practice.
Justice Magare concluded, "Courts are not morons. How does a party who does not produce or process oil issue a bill of lading?"
In contrast, Galana Energies Ltd., the company that legitimately imported the AGO, presented a clear trail of documentation, including a financing agreement with a Kenyan bank, certificates, and a manifest signed by authorized personnel.
Njoroge's claim was dismissed by the court, and her company was ordered to pay Sh22.4 million to cover the case's costs.