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THE NICHOLAS COLIN OLIVIER WATNEY FRAUD CASE : REPORT NO. 18

                    Michael Mundia Kamau
                    C/O Barclays Advisory and
                    Registrar Services Limited
                    P.O. Box 30120
                    00100 GPO
                    Nairobi

                    11th May 2004

On Monday, 10th May 2004 at 5.14 p.m., I called Mr. Otieno on his direct line from Barclays Advisory and Registrar Services extension 4125, to remind him that I was still scheduled to meet Dr. Harrop at 6.00 p.m. that evening at The Exchange Bar of The Stanley Hotel (first floor lounge of The Stanley Hotel).

Mr. Otieno called me on my cell phone from his cell phone at 5.25 p.m. on Monday, 10th May 2004, and asked me to get in touch with a Mr. Nganga of the Central Bank of Kenya Banking Fraud Investigation Unit on cell phone No. XXXX XXXXXX regarding my meeting with Dr. Harrop at 6.00 p.m. on Monday, 10th May 2004. I called Mr. Nganga at 5.36 p.m., 10th May 2004 on his cell phone No. XXXX XXXXXX, from Barclays Advisory and Registrar Services direct line No. 337569 to brief Mr. Nganga of my appearance. Mr. Nganga said he knew how I looked physically and there was therefore no need for me to give him a description of how I looked or what I would be wearing. Mr. Nganga however told me that he would be discreetly positioned during Dr. Harrop’s meeting with me at 6.00 p.m. on Monday, 10th May 2004.

I arrived at The Exchange Bar of The Stanley Hotel (first floor lounge of The Stanley Hotel) at about 6.10 p.m. on Monday, 10th May 2004 and found Dr. Harrop had not arrived. I took a seat and sent Dr. Harrop an SMS asking him whether he was on his way. He replied immediately by SMS, saying that he was on his way. At 6.13 p.m. on Monday, 10th May 2004 while waiting for Dr. Harrop at The Stanley’s Exchange Bar, Mr. Nganga sent me an SMS which read “I can see you”. Dr. Harrop arrived at about 6.20 p.m., and immediately got round to “business”. He showed me the latest letter “from” Suresh Jasraj Seth a paragraph of which suggested that Suresh Jasraj Seth was not in possession of his EABL share certificate, and hoped that this would prompt a reply accompanied with a share certificate retrieved from “Return to Sender” filing. Dr. Harrop was eager to conclude sale of the shareholding as quickly as possible.

As agreed by Mr. Otieno and myself, I also raised the issue of “my share” of the proceeds with Dr. Harrop. Dr. Harrop told me that the processing of “Suresh Jasraj Seth’s” replacement dividend cheques amounting to slightly over US $ 14,000, would possibly not require the services of the unnamed Kenya Commercial Bank Limited bank manager in Mombasa (see report of 9th January 2004), because Dr. Harrop had already processed a fake Kenyan passport in the name of Suresh Jasraj Seth, bearing Mr. Shah’s  photograph. Dr. Harrop showed me the said forged passport. Dr. Harrop further told me that the unnamed Kenya Commercial Bank Limited bank manager in Mombasa had in any case been transferred to the Garissa Branch of Kenya Commercial Bank Limited and would only be approached if entirely necessary. According to Dr. Harrop, Mr. Shah had another available unnamed contact in Kenya Commercial Bank Limited on standby, anyway. This therefore meant that the proceeds from Suresh Jasraj Seth’s unclaimed
dividend cheques would be split between Dr. Harrrop, Mr. Shah, the unnamed “expert forger”, and myself, with each of us getting slightly over US $ 3,500 each. A bank account however needed to be opened where the proceeds from the unclaimed dividend cheques would be deposited. Dr. Harrop told me that either he or Mr. Shah, would give me my share of slightly over US $ 3,500 in cash (slightly over 250,000 Kenya Shillings in cash).

I told Dr. Harrop that I was uncomfortable with this new arrangement, and much preferred if a bank account were opened for me as twice promised by Mr. Shah on 25th February 2004 and 15th December 2003 (see reports of 26th February 2004 and 9th January 2004, respectively). Dr. Harrop said he would discuss this with Mr. Shah. Dr. Harrop further told me that this particular issue should not concern me as Mr. Shah had good connections in Kenyan banks owned and run by Asians. In between Dr. Harrop’s meeting with me, Mr. Otieno called me on my cell phone from his cell phone to establish the status of the meeting and I affirmed that it was ongoing.

Dr. Harrop gave me conflicting times of Mr. Shah’s arrival in the country i.e. he mentioned Mr. Shah arriving in the country on a Kenya Airways flight at 6.00 a.m. on Tuesday, 11th May 2004 and separately mentioned Mr. Shah arriving on a late night Kenya Airways flight on Monday, 10th May 2004. Dr. Harrop told me that he would himself be possibly leaving for South Africa on Wednesday, 12th May 2004 and be back in the United Kingdom in the week beginning 16th May 2004. He hoped to have found that Suresh Jasraj Seth’s replacement dividend cheque had arrived in the United Kingdom by the time he arrived back in the United Kingdom in the week beginning 16th May 2004. Dr. Harrop would then send the replacement dividend cheque to Mr. Shah in Kenya, for him to deposit in an already opened bank account.

Dr. Harrop and I broke off at 8.48 p.m. outside the entrance of Nairobi’s Hilton Hotel. I then walked to Njugima restaurant near Nairobi’s Ambassadeur Hotel, and sent Mr. Otieno the following SMS from there at 9.11 p.m. : “Pulin is supposed to be flying in either late tonight, 10/05/04 or early tomorrow morning 11/05/04 on a Kenya Airways flight. Brian was not clear. Brian however said he would go to pick up Pulin. Brian is staying at the Hilton. We broke off at 8.48 p.m. and he has Pulin’s forged passport in his
briefcase. There was no mention of a dinner between Brian & Pulin tomorrow evening, 11/05/04.” Soon after this Mr. Otieno called me on my cell phone from his cell phone at 9.15 p.m. on Monday, 10th May 2004. Mr. Otieno said he had received my SMS of 9.11 p.m., Monday, 10th May 2004. The conversation was brief and lasted 53 seconds.

After a meal at Njugima restaurant, I caught a public minibus home. While at home, I sent Mr. Otieno another SMS at 10.19 p.m. on Monday, 10th May 2004, whose exact wording was “George, If Pulin is arriving tomorrow morning, 11/05/04, then Brian mentioned a 6.00 a.m. flight”

On Tuesday morning, 11th May 2004 at 8.45 a.m., Mr. Otieno called me in the office and asked whether anything new had come up. Mr. Otieno suggested that I get in touch with Mr. Shah at 10.00 a.m. on Tuesday morning, 11th May 2004 and set up a meeting with him regarding “my” share of the proceeds. I did this at 10.02 a.m. on Tuesday morning by sending Mr. Shah an SMS whose exact wording was “How’s it going ? Did you have a good flight ? Call me”. Mr. Shah called me thereafter at 10.04 a.m. on my cell phone, from his cell phone. Mr. Shah confirmed that he was back in the country, but the call got cut off soon after it began. I then called Mr. Shah on his cell phone at 10.11 a.m., 11th May 2004 from Barclays Advisory and Registar Services extension 4112 that has been enabled to make calls to cell phones between 8.00 a.m. and 5.00 p.m. on weekdays. We also got cut off soon after my call, though Mr. Shah managed to tell me that he and Dr. Harrop had discussed “my” mode of payment concern of the previous evening, 10th May 2004. Mr. Shah also managed to tell me not to worry and that we should meet on Wednesday, 12th May 2004, before we got cut off.

I then called Mr. Otieno on his direct line from Barclays Advisory and Registrar Services extension 4125 at 10.13 a.m. on Tuesday, 11th May 2004 to tell him of my discussion with Mr. Shah of 10.11 a.m., Tuesday, 11th May 2004. Mr. Otieno told me to keep him closely posted. After I spoke to Mr. Otieno, I checked my cell phone and found a message from Mr. Shah sent at 10.12 a.m. on Tuesday, 11th May 2004, whose exact wording was “Lets call each other tomorrow 2 set up time 2 meet.”


Michael Mundia Kamau




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