Judge Dismisses Anne Njeri’s Sh17 Billion Fuel Claim, Advises Against ‘Money-Heist’ Fantasies

A Mombasa High Court judge on Monday dismissed a lawsuit filed by businesswoman Anne Njeri Njoroge against Galana Energies Ltd over a Sh17 billion diesel import deal.

The judge ruled that Ms Njoroge lacked sufficient evidence to support her claim of ownership over the 100,000 metric tonnes of diesel allegedly procured from Jeddah, Saudi Arabia. The court found several discrepancies in Ms Njoroge’s claims. The documents presented by her company Ann’s Import and Export Enterprises Ltd did not demonstrate that the fuel originated from Saudi Arabia.

Additionally, the cargo that arrived at the Port of Mombasa on board MV Haigui was Gas Oil 50ppm Automotive Gas Oil (AGO), not Diesel EN 590 as claimed by Ms Njoroge. The manifest from the Kenya Revenue Authority confirmed this. The judge further noted that Ms Njoroge failed to provide evidence of payment, acquisition, order placement, purchase contracts, or letters of credit for the alleged diesel shipment.

In contrast, Galana Energies presented a paper trail consisting of a financing agreement with Kenya Commercial Bank, certificates of quality and quantity, a certificate of origin, the cargo manifest, and the bill of lading. The court also highlighted the improbability of Ms Njoroge’s claim due to the absence of a required license from the Energy and Petroleum Regulatory Authority (Epra) for importing oil into Kenya. Galana Energies, on the other hand, possessed the necessary licenses for their AGO import.

Another anomaly identified by the court was that the bill of lading listed Ms Njoroge’s company as both the shipper and consignee, raising questions about its authenticity. The judge pointed out that a genuine bill of lading would not be issued by the purchaser of cargo already on board a ship. Furthermore, the MV Haigui vessel was registered under the Liberian flag and lacked a local representative. The court also found discrepancies in the ship’s authorization documents.

Considering these inconsistencies, the judge ruled in favour of Galana Energies and ordered Ms Njoroge’s company to pay Sh22.4 million in legal costs. The judge remarked that the case lacked credibility and emphasized the importance of clarity and adherence to regulations in the oil import sector. Also, the judge advised her to refrain from watching money-heist films.