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THUOND WECHE

;

 
  
 

                Michael Mundia Kamau
                P.O. Box 58972
                00200 City Square
                Nairobi
                Kenya

                14th February 2006


Margaret Atandi
HR Administrator, ER
Human Resources Division
Barclays Bank of Kenya Limited
P.O. Box 30120
00100 GPO
Nairobi
Kenya

Dear Madam

RE: CORPORATE FRAUD COVER UP AT BARCLAYS KENYA

Further to your frantic, desperate and rude phone call to me on my cell phone on Monday, 13th February 2006 at 09:25 Hrs. GMT, I respond as follows:

I submitted corrections of minutes of Disciplinary Hearing of 3rd February 2006, at your Barclays Plaza, Mezzanine 6 Office at 04:49 Hrs. GMT on Monday morning, 13th February 2006. There was no response whatsoever from you between 04:49 Hrs. GMT and 08.11 Hrs. GMT, a period of 3 hours and 22 minutes. At the said 08.11 Hrs. GMT, I sent you my e-mail below of
Monday, 13th February 2006. No sooner had I sent you and others my said e-mail below of 13th February 2006, you as mentioned above, made a frantic call to me on my cell phone at 09:25 Hrs. GMT. You told me that all 25 corrections of Disciplinary Hearing of 3rd February 2006 had been made, and I was needed with immediate effect at Barclays Plaza, Mezzanine 6, to sign them off.

It therefore means that it took only one hour and 14 minutes to verify and validate all 25 corrections, and ensure that I was not trying to doctor the minutes, because 25 corrections to a brief document like that is big. Secondly, it took only one hour and 14 minutes to get in touch with all the panelists of the
Disciplinary Hearing of 3rd February 2006, to enable them confirm that the 25 corrections were a true reflection. Finally, it took only one hour and 14
minutes to do a cross check with the investigating officers to ensure consistency in my statements and submissions.

I am further forced to compare the above with investigations into the purported Nicholas Colin Olivier Watney fraud case investigation, which were
concluded as below:

1. Disciplinary Hearing conducted on 2nd December 2004
2. Was sent minutes of Disciplinary Hearing, one week later on 9th December 2004

3. Submitted corrections of minutes of Disciplinary Hearing on 13th December 2004

4. Was sent the corrected draft of minutes of Disciplinary Hearing of 2nd December 2004 on 2nd February 2005, after one month and 20 days, and not
   after one hour and 14 minutes

5. Signed and submitted corrected draft of minutes of Disciplinary Hearing of 2nd December 2004 on 4th February 2005.

6. Received verdict of purported investigation on 5th April 2005, after 2 months.

This is the 5th time I am being forced to guide you on how to properly, correctly and legally do your job.

Despite the fact that corrections of minutes of Disciplinary Hearing of 3rd February 2006 were regularised in a record one hour and 14 minutes on
Monday, 13th February 2006, you did not so much as bother to respond to my four letters below of 13th February 2006, 26th January 2006, 5th January 2006 and 28th December 2005, which not only point out violations against the so called Barclays guidelines, but even more disturbingly, criminal violations of the Laws of the Republic of Kenya.

Amongst several other things your Office has totally refused to respond to the following queries:

(i)   Why am I the only member of staff under investigation in the matter of the Jones Mutua Mule, when the documents were handled by at least five other members of staff at Barclays Advisory and Registrar Services Limited?

(ii)  Are investigations into the thirteen other fraud cases mentioned in my letter below of 28th December 2005, which I am made to understand have grown to sixteen during the period of my suspension, being handled with the same comical pace of urgency as the Jones Mutua Mule case?

I specifically draw you attention to Page 17 of the “The Standard” of Thursday, 9th February 2006, which carries the story of one of the mentioned frauds that have been established during the period I have been on suspension. The fraud is for East African Breweries Limited shares worth US $ 994,754 and the story is carried under the heading “KRA boss summoned”. It further pains me to think that I submitted reports on 9th July 1998 and 30th July 1998 that cautioned against the strong possibility of such occurrences, but they both ignored contemptuously.

I have cooperated with your purported investigations to the extent that is permissible.

I will not sign the purportedly rectified and corrected draft of Disciplinary Hearing of 3rd February 2006, because doing so will give credence and
legitimacy to a flawed and criminal process, that has violated both good practice and the Laws of the Republic of Kenya.

You are at liberty to take whatever action you choose, including dismissing me.


Yours faithfully,

Michael Mundia Kamau


Encls.


--- Mundia Kamau <roysambu@yahoo.com> wrote:

                Michael Mundia Kamau
                P.O. Box 58972
                00200 City Square
                Nairobi
                Kenya

                13th February 2006


Margaret Atandi
HR Administrator, ER
Human Resources Division
Barclays Bank of Kenya Limited
P.O. Box 30120
00100 GPO
Nairobi
Kenya

Dear Madam

I have this morning, Monday, 13th February 2006, submitted corrections of minutes of Disciplinary Hearing of 3rd February 2006, at your Barclays Plaza,
M6 office. There are 25 corrections in total.

I am however particularly concerned that the figure of possible loss is indicated as 514,364.05 Kenya Shillings, when infact my role is limited to immobilisation of only the Barclays Bank of Kenya Limited shareholding. The Standard Chartered Bank of Kenya Limited shareholding was verified for immobilisation by a different officer at Barclays Advisory and Registrar Services Limited, and not myself. I find it strange that your so called thorough investigations have not established this basic fact despite my 60 day suspension on half pay. This
confirms my earlier assertion of victimisation and persecution.

This is the 4th time that I am being made to point out outrageously petulant, juvenile, elementary and comical omissions and violations. These omissions and violations are deliberate and geared towards my speedy dismissal, because neither your Office nor anyone else, has bothered to respond. You people want me so badly that you are prepared to go to any lengths. You
will have your day.

I further regret that Mr. Charles Kiarie was part of the panel on 3rd February 2006, yet the 30th Januray 2006 notification had clearly stated that the panel
would consist of Mr. Elly Odhong and Mr. Paul Russo. When I enquired from Mr. Paul Russo and Mr. Elly Odhong about this, they both brushed it aside by
stating, “Ahhh! It’s OK”. Had I come with my lawyer to the Disciplinary Hearing, which I would have loved to, would he have been admitted on the strength of an assertion of “Ahhh! It’s OK”?

Finally, I regret that I have not received responses from either Mr. Abdi Mohamed or Ms. Caroline Armstrong, to my letters below of 26th January 2006, 5th January 2006 and 28th December 2005.


Yours faithfully,


Michael Mundia Kamau


Encls.

                        Michael Mundia Kamau
                        P.O. Box 58972
                        00200 City Square
                        Nairobi

                        26th January 2006


Caroline Armstrong
Ag. Head of Operations
Barclays Bank of Kenya Limited
Operations & IT – Kenya
Bank House 7th floor
P.O. Box 30120
00100 Nairobi

Dear Madam

RE: SUSPENSION EXTENSION

I refer to your letter dated 26th January 2006, in which you notify me that my suspension from duty has been extended by a further 30 days, effective 26th
January 2006. Your said letter partly states that “clause A5 (C) (i) of the Collective Bargaining Agreement, supercedes the Barclays Guidelines”.

This no doubt is in response to my letter below of 28th December 2005, and attempts to explain and justify the reason I received half-pay in January
2006, and probably why I will receive half-pay in February 2006.

I draw your attention to the last time that I was forcibly and unjustifiably sent on suspension i.e. 29th November 2004 to 4th April 2005, a period of 4
months and 6 days, a period which in itself violates the terms of clause A5 (C) (i) of the Collective Bargaining Agreement, and ask why it is that I received full pay on that occasion in line with Barclays Guidelines, and why it is that I am now being made to receive half-pay, purportedly in line with clause A5 (C) (i) of the Collective Bargaining Agreement.

I further state that you and your colleagues are making no effort to conceal your intended manipulation of the entire matter. I arrived at 8.05 a.m. on 26th
January 2006 as required, and was kept waiting unnecessarily until 9.53 a.m., a period of one hour 48 minutes as frantic and desperate consultations and
phone calls were made. No effort was made to update me on progress with the purported investigation, if any, and why a further 30 day extension had been deemed necessary. These are clearly tactics to buy time. Mr. Albert Majiwa was not even sure whether i was meant to report on 26th January 2006 or 27th January 2006. Barclays Advisory and Registrar Services Limited was even less informed, which clearly indicates that i am forcibly being kept away from work for reasons other than a puported investigation. I was then hurriedly issued with another suspension letter, which only partly conformed with requirements of the same, and which must certainly have been prompted by my strong objections below of 28th December 2005, regarding issuance of my first sham suspension letter of 27th December 2005

Your early response to these and other glaring and unanswered discrepancies below, will highly be appreciated.

Yours faithfully

Michael Mundia Kamau



--- Mundia Kamau <roysambu@yahoo.com> wrote:

                Michael Mundia Kamau                                P.O Box 58972
                00200 City Square
                Nairobi
                Kenya

                5th January 2006

Abdi Mohamed
Head of Operations

Dear Mr. Mohamed

I refer to my communication below of 28th December 2005, and regret your refusal to respond.


Yours sincerely

Michael Mundia Kamau


> --- Mundia Kamau <roysambu@yahoo.com> wrote:


                Michael Mundia Kamau                                P.O. Box 58972
                00200 City Square
                Nairobi
                Kenya

                28th December 2005

Abdi Mohamed
Head of Operations

Dear Mr. Mohamed

RE: IRREGULAR SUSPENSION

Further to your irregular and improper suspension letter of 27th December 2005, I will be grateful to obtain clarification on the following two matters:

The first sentence of the second last paragraph states that “During the period of suspension, you will receive salary at half your basic pay”. I will be grateful to know under what clause this was invoked, because the “Discipline, appeals and problem solving employee guide”, clearly states that “For an investigation to be carried out thoroughly and fairly it may be necessary in specific circumstances to suspend you from work on FULL PAY(where legally
permitted). At the time of being suspended you will be informed of the reason and this will be communicated in writing THEREAFTER”. Please refer to page 4 of the same, under the heading “What is suspension from work?”

Secondly, your letter invokes “clause A5 C) i) of the Collective Agreement covering Section Heads, Check Clerks, Clerical and Subordinate staff for a period of thirty (30) days”. I will be grateful to have a copy of the invoked clause, and will be also grateful to know why it is in direct contradiction of the second last sentence of the previous paragraph. I further invoke my rights as an employee, and demand to be told under what circumstances I have been suspended, under the five provided for. The five provided for are,

1. It is considered that the individual may hinder the investigation;
2. It would be inappropriate for the individual to remain on the premises
3. The allegations are believed to be so serious that they constitute gross misconduct that could result in summary dismissal;
4. The individual may interfere with the Bank’s equipment or
   property; or
5. The procedure was not followed
I will be grateful with your early response to paragraphs 2 and 3.

I further take this early opportunity to state that your purported suspension is unprocedural, unprofessional, unwarranted, humiliating, and designed to persecute and intimidate me. It is simply and plainly victimisation. It is on plain paper with no indication of it’s origin, other than your name, title and signature, and neither is it copied to either Barclays Advisory and Registrar Services Limited, the Human Resources Division of Barclays Bank of Kenya Limited, The Central Staff Committee of Barclays Bank of Kenya, or the Banking Insurance and Finance Union (BIFU), to give credence to your invocation of “clause A5 C) i) of the Collective Agreement covering Section Heads, Check Clerks, Clerical and Subordinate staff for a period of thirty (30) days”, and to further validate your claim that you have consulted exhaustively with the Human Resources Division of Barclays Bank of Kenya. Given the magnitude of the matter, the omissions are deliberate and designed to hasten my dismissal from employment. These are extremely serious grievances which I will pursue
internally and externally, whether or not I am dismissed.

I am also extremely perturbed with the speed with the decision to suspend was reached. This matter under investigation came to light on Tuesday, 13th December 2005, as far as I am aware. I was summoned to the Office of the Head of Registrar Services on Wednesday afternoon, 14th December 2005 and responded to queries regarding the matter. On Thursday afternoon, 22nd
December 2005, I was interviewed by an officer from the Barclays Africa Security and Investigative Services (BASIS). The interview and the statement I
recorded in his presence took about one hour. On Tuesday morning, 27th December 2005, the same officer came and gave me two plain pieces of paper on which I appended 12 samples of my signature. I could not understand why, because I have not disputed partly handling the documents at any point. I was then given a staff/suspect form to complete, after which I was
released. No sooner had this happened, you arrived and summoned me to the office of the Head of Registrar Services, and handed me your sham suspension letter. There was no Union representative or Human Resources Division representative to witness the same, and you quickly shut me down when I sought clarification. It therefore took slightly over 24 hours only to reach this drastic decision.

What is baffling is that there are thirteen other similar ongoing cases under investigation, which have not been treated in the same manner at all. The
parties concerned have not been subjected to the unfair and humiliating treatment that I am being subjected to, neither have they been suspended. Of the thirteen, I played a role in frustrating two, whereas my advise in approaching a further two was contemptuously brushed aside, causing a known loss with at least one. May I also state that none of the thirteen cases involves the Nicholas Colin Oliver Watney fraud case, because I am convinced that you and others are under the belief that I have never moved on
from that matter.

My conclusion is that I am being persecuted and victimised because of my previous clashes with the establishment. It is clear that you and several others
have, and will never forgive me, and are doing little to conceal it.

I do not expect the slightest measure of fairness or objectivity over the coming 6 weeks, and have prepared myself for the worst. I will nevertheless co-operate fully with your sham investigations and appear before your sham Disciplinary and Grievances Panel. I will face my fate with honour, and then lay bare the workings of an organisation that professes to be world class, and professes to place employees at the centre of all it’s dealings. Do not get me wrong, I am fully aware of the slow, painful, frustrating, laborious and
inefficient workings of the Kenyan Judicial system.

Should I be harmed or killed, I have ensured that Barclays Bank of Kenya is held responsible.

Yours sincerely,

Michael Mundia Kamau


--- "Atandi, Margaret: BB Kenya"

Greetings Michael,
 
Enclosed is the final draft of the minutes after  review of your amendments by the panellists.

Please reprint in triplicate and forward signed copies to us for our attention.

Regards

Margaret
 
<<How to UNZIP.html>>  <<M. Mundia D & G Hearing -final Version.ZIP>>

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