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THE NICHOLAS COLIN OLIVIER WATNEY FRAUD CASE : REPORT NO. 3

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

                    26th February 2004

Further to my meeting with Mr. Shah on the 23rd February 2004, I spoke to him the following day i.e. Tuesday, 24th February 2004 through cell phone. He said that he had communicated with Dr. Harrop regarding the six accounts I had given him the previous day. Dr. Harrop he said, was however uncomfortable with the nature of the accounts i.e. three were in the names of deceased persons, one was a joint shareholding, and the other was in the name of a lady. Only one share account of the six that I given Mr. Shah, therefore seemed viable. During my meeting with Dr. Harrop on 7th January 2004, I had given him the impression that we were very strict with Probate documents issued overseas, and would sometimes go to the length of verifying them through locally based Embassies and High Commissions. Dr. Harrop was thus uncomfortable with  shareholdings held by deceased persons.

Mr. Shah therefore urged me to identify two other accounts, one in the name of a White, and the other in the name of an Asian. I told him that we would therefore have to re-schedule our meeting of  Wednesday, 25th February 2004 to Thursday, 26th February 2004. Mr. Shah had no objection with the postponement.

I reported this to the Head of Registrar Services who felt the need to stick to the original meeting date of Wednesday, 25th February 2004. The Head of Registrar Services asked me to get in touch with Mr. Shah again and discreetly tell him that I had been able to identify two further accounts in advance. This would make it possible for Mr. Shah and I to stick to our original meeting date of Wednesday, 25th February 2004.

The Head of Registrar Services arranged for the identification of two further accounts and I called Mr. Shah again on cell phone to notify him that I had located two accounts in advance. Mr. Shah was excited at this news and asked that we meet at The Stanley Hotel’s Thorn Tree restaurant at 6.30 p.m. on Wednesday, 25th February 2004. I also called Mr. Kisaka of the Central Bank of Kenya Banking Fraud Investigation Unit on cell phone, to notify him of the meeting. While waiting for Mr. Shah at The Stanley Hotel’s Thorn Tree restaurant, I noted the presence of Mr. Kisaka of the Central Bank of Kenya Banking Fraud Investigation Unit. Mr. Kisaka was in the company of a second gentleman.

Mr. Shah arrived at about 6.45 p.m. and we proceeded to The Serena Hotel poolside bar. Mr. Shah was very excited with the two extra identified accounts, one with a holding of 70,291 EABL shares, and the other with a holding of 15,940 EABL shares, something he continually mentioned for the rest of the evening. As was the case on Monday, 23rd February 2004, we engaged in discussions over drinks, Mr. Shah drinking red wine and I, Tusker Lager beers. He however said that he needed the postal addresses we had on record for the two accounts, as well as details of all unpaid dividends. Mr. Shah also mentioned that Dr. Harrop had said that I also actively pursue the identification of dormant British American Tobacco (Kenya) Limited (B.AT.), share accounts. The issue of payoffs came up once again during our discussions. I reminded Mr. Shah of the pledge he made on 15th December 2003, to arrange for the “share of my proceeds” to be discreetly handled through the Kenya Commercial Bank Limited banking network by the unnamed Mombasa based Kenya Commercial Bank Limited bank manager. He told me not to worry at all about this, and stuck to his initial pledge. He did however add that he had good connections in Kenyan branches of the Investments & Mortgages Bank (I & M), as an alternative to Kenya Commercial Bank Limited, if operating a Kenya Commercial Bank Limited account would prove too cumbersome for me.

In between, Mr. Shah and I were once again joined by his Russian lady friend Natalya, in the company of a light skinned gentleman introduced as Fabian. The four of us continued to have drinks and concluded with dinner at the Mandhari restaurant, all paid for by Mr. Shah. The total bill came to about US $ 200.

The session ended at about 11.40 p.m. and I was dropped in town five minutes later. Mr. Shah and I agreed that I would provide him with the additional information the following day i.e. Thursday, 26th February 2004.

I reported this to the Head of Registrar Services the following day i.e. Thursday, 26th February 2004, and he authorised me to provide Mr. Shah with the additional information he required.


Michael Mundia Kamau



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