Biwott and the Looting of Kenya

Following is an exert from The Kroll Report.

See a Condensed Version Here

["NICHOLAS BIWOTT

Modus Operandi

Biwott has been described as a skilfull businessman. Over the years, he has accumulated as much power and has established an enviab^le business empire, touching on almost every sector of the Kenyan economy, whilst he has remained in active politics.

The sectors among which Biwott has huge interests include energy, tourism, mining, real estate, telecommunications, air transport, construction and agriculture. He imports fuel and sells it to local distributors of petroleum products.

It is understood that Target 3 incorporates a different company for every new piece of property he acquires, be it land, residential or commercial property.

Biwott and his influential business partners have invested heavily outside Kenya with commercial interests in Israel and Australia.

Business Links

Biwott's business links are detailed below. The table illustrates ownership of businesses where:

1. Biwott's ownership interests have been confirmed by Msamaha

2. Client material indicates Biwott's ownership

3. Open source research indicates ownership

4. Open source research indicates law firms that represent Biwott's interests

NAME OF COMPANY	OWNERSHIP STRUCTURE DESCRIPTION
Ownership of the following companies has been confirmed by Msamaha:
Kobil Petrol	Biwott 100%
Barshrim Investment	Biwott 100%
Kipsinde Farm	Biwott 100%
Rono Ltd	Biwott 100%
HZ Construction and Engineering	Biwott 100%
LZ Engineering	Biwott 100%
LZ Engineering	Biwott 100%
Yaya Centre (worth KSh 3.5 billion)	Biwott 100%
Premier Group of Companies	Biwott 100%
Air Kenya Aviation Ltd	Biwott 100%
Pete Aviation and Electronics Ltd	Biwott 100%
Ziba Management & Services	Biwott 100%
HZ Group of Companies, Israel	Biwott 100%
Lima Kenya	Biwott 50%, Moi 50%
Air Kenya	Biwott 50%, Moi 50%
National Milling Company	Seven Shareholders including Moi and Kulei
Safaricom Kenya	Biwott, Charles Field Marsham and Gideon 40%, the Post Office 60%
Client material indicates ownership of following companies:
Uhuru Highway Development Real Estate Company
Bidco
A 10,000 hectare ranch in Australia
Trinity Enterprises	Biwott, Moi. Corporate documentation indicates witness to signatures as M. H. da Gama Rose
Banque Belgalise	Biwott is reputed to own 40%. Akbar Esmail his nominee. Used in Trans National Bank laundering system
Team Simoco
Client Source indicates ownership of the following:
Kenoil-Kobil	National chain of petrol stations. Biwott controlled 17% of private oil industry in Kenya.
Petrol Stations in Uganda)	Operated through Kenol-Kobil (Worth KSh 17billion)
Wstmont	An independent power producer company owned by Biwott and Harbinder Sethi Singh
Grand Dian Reef Hotel	Once placed under the receivership when hotel defaulted on KSh500 million loan acquired from Kenya Commercial Bank
Regional Air	Newly formed company managed by Biwott’s son-in-law Charles Field-Mahsam. Has a code-sharing arrangement with British Airways
H Young and Company	Steel manufacturers—one of largest in East Africa
S. R Telecommunications Co. Ltd	Receives contracts from government-owned telecommunications monopoly company, Telkom Kenya
Lima Ltd	One of the best-established agricultural machinery firms in Kenya. Owned jointly with powerful politicians and their families
First American Bank	Merali, Biwott, James Kanyotu, Gideon
Pan African Bank	Biwott, Moi. Apparently a wholly owned subsidiary of Banque Belgouse.
Trans-National Bank	Moi, Biwott, Nyachae, Kengwana
Government of Kenya	Moi, Biwott, Saitoti, Sally Kosgei, Chrysantus Okemo, Mark Bor, JK Musyimi, Mr Deche
Open Source indicates law firms representing his interests:
Shappley & Berret Advocates
Esmail & Esmail
Da Gama Rose Advocates
Law firm established by daughter Rita Biwott

Properties

Kenya

According to Source A, Biwott bought a house in Riverside Drive from the Irish embassy that was paid for offshore. The date of the transaction remains undisclosed. Source A arranged the introduction in order to avoid his home being taken. Biwott was said to have paid about KSh19 million shillings for the house.

Separately, it is believed that Biwott has commercial and residential properties in various parts of the country. He also has interests in a number of tourist hotels.

Finance

Kenya

Middle East Bank

Biwott purchased the Middle East Bank using Akber Esmail as a nominee[1]. It has been reported that at the time Kassam attempted to buy the bank. As such, he called at Saitoti's office in which he found Biwott whilst Esmail was told to wait outside. Kassam was instructed to abort negotiations in order to facilitate the purchase of the bank by Biwott and Esmail. Shortly afterwards Esmail was appointed chairman.

Behind the control of Middle East Bank, Biwott and ex-President Moi initially used the bank to launder funds siphoned from the Turkwell Gorge Hydro-Electric Dam Project ("Turkwell Gorge")[2]. During this time money was simply converted and foreign currency would then be allocated by Central Bank of Kenya owing to the exchange control regulations existing at the time.

Trade Bank

Having used Middle East Bank to launder funds, Biwott transferred his operations to Trade Bank, then owned by Alnoor Kassam.

Kassam assumed the operations of Trade Bank from Gad Zeevi and Biwott[3]. Ex-President Moi and Biwott owned Lima Limited and Lima Finance, the latter which was sold by them to Zeevi and the Kassam brothers. Zeevi and lqbal Kassam effectively bought off all assets of Lima Finance in order to form Trade Bank Ltd. The only way one could obtain a bank license in Kenya was to have Moi or Biwott as a partner.

Akber Esmail was on the Board of Director of Trade Bank representing Biwott and Zeevi.

Source A has denied that Trade Bank was involved with Goldenberg.

Export Financing Fraud

It is alleged that Trade Bank was involved in export financing fraud to a quantum of about KSh700 million.

The process was such that Trade Bank would produce fraudulent documents that were submitted to and accepted by officials at the Central Bank.

The named officials that were involved in the fraud within the Central Bank of Kenya were Eric Katut, the governor of the bank; Royunga, the deputy governor; Mumelo, the head of foreign exchange. They are believed to have been aware that the documents were fraudulent.

The documents were very basic, consisting of the bank's letter headed paper with a straightforward description that detailed, for example, that the individual/s was exporting 20 tons of fish. Central Bank officials would receive cash payments by officers of Trade Bank for approving the documents.

The officers of Trade Bank involved in payments were Ian Rayner, the managing director of the bank; Suleiman Muranga, the head of foreign exchange; and Gideon Ndambuki, the general manager of the bank. It is alleged that the governor did not receive any payments.

During the time, Rayner and Muranga revealed that Royunga and Mumelo received kickbacks. Significant amounts were involved, believed to be in the region of hundreds of thousands of shillings. Rayner was at the center of the payments, he kept the paper trails and knew exactly who was receiving what amount.

It is understood that all the parastatal money that was deposited into Trade Bank came through bribing the officials. Rayner was privy to all accounts receivables and knew about the bribery involved. He paid bribes to Saitoti and Moi, amounting to about KSh 1 million. Rayner assisted government officials in various ways: he managed a block of buildings owned by Saitoti; and he helped Moi buy a farm in Karoi. It is believed that Rayner is currently resident in the United Kingdom.

Kassam played a significant role in the fraud. He was involved in buying treasury bills with the excess cash. Trade Bank benefited by acquiring liquidity. Kassam squared the bills at the end of the day and as such, there appeared to be no theft by officials at the bank.

Trade Bank's Overdraft

Trade Bank had an overdraft with the Central Bank for which it began to incur serious penalties. When the auditors raised this concern, Kassam felt compelled to bring it to Biwott's attention. Biwott subsequently summoned Kitut, informing him that Trade Bank was facing problems due to Gad Zeevi's bad practice of leaving his companies in debt. Biwott requested that Kitut help the bank.

The situation was resolved over a three year period during which various sums were credited to the bank on an annual basis: in the frst year, KSh80 million; in the second year KSh180 million; in the third year KSh280 million.

It is understood that Trade Bank debts occurred as a direct result of Biwott and Zeevi having borrowed numerous sums of money from the bank, unknown to the minority shareholders.

Yaya Center

JVhen Trade Bank took over the Yaya Center from Kassam, Biwott insisted that KSh150 million was written off his debt. As such, Trade Bank suffered the loss, falling into bankruptcy, imposing a heavy impact on the depositors.

Consequently, Kassam had no choice but to write off the debt. The only other alternative would have been to liquidate the bank.

There was a certain level of bribery involved in the transaction for the Yaya Center. Some money had to be paid in order for Trade Bank to acquire the loan. It has been alleged by Geoffrey Kenoi that Saitoti approached Kassam directly and asked for KSh4 million.

Solomon Muthamia

Solomon Muthamia, the then forex dealer at Trade Bank, entrusted with laundering the proceeds of Turkwell Gorge on behalf of Biwott and Moi, skimmed off close to KSh100 million at a tender age of 27 years. Biwott's funds were channelled to bank accounts located in Germany and the UK. Muthamia simultaneously opened personal accounts with the same banks, facilitating the transfer of funds for his own use. With the safety of dollars in Europe, Muthamia was able to issue foreign cheques to local Asians during the foreign exchange crunch during which process he made hefty profits. Eventually, Muthamia's dealings were discovered by the Central Bank forcing him to flee from Trade Bank. Muthamia, through his connections with Kilonzo, the former police commissioner, was able to prevent any investigation from going ahead. The precise details of how this occurred are not known although it is believed that Muthamia's cousin is married to Kilonzo.

Muthamia began the operations of Eurobank using the proceeds made from his clandestine dealings.

Pan African Bank

Kobil banked with the Pan African Bank ("PAB")[4]. The then chief executive of the bank, Mohammed Assam, was the "bag boy" for Biwott and Zeevi. Assam often visited Biwott at his top floor offices in the Yaya House, Nairobi. A lot of money disappeared into the Pan African Bank and Aslam kept accounts on the side for Biwott. The money was recycled through unidentified Swiss and German banks.

The bank account of the Kenya Pipeline was held at PAB. A lot of Biwott's money from proceeds of oil deals was hidden at PAB.

Switzerland

Credit Suisse and Citibank

According to Source A, Zeevi and Biwott used Credit Suisse in Geneva and Citibank in Zurich. Zeevi apparently secured a $12 million line of credit from Credit Suisse which gave a guarantee Citibank Nairobi, the principal lender to HZ, Kenoil and Kobil. The general manager of Citibank Nairobi was Terry Davidson who continues to work in the same position at an unidentified bank in Nairobi. Source A opines that Davidson should be approached and interviewed.

Banque Cantonale Vaudoise

Client material revealed that significant amounts of money are being moved from Banque Cantonale Vaudoise on behalf of Biwott.

Corporate records indicate that the head office location of the bank is the following:

Place St. Francois 14, CH-1003, Lausanne, Vaud, Switzerland.

The bank was established in 1845. In December 1993, the bank bought out Banque Vaudoise de Credit and two years later it merged with Credit Foncier Vaudois.

The ownership structure indicates that 67.89 percent is owned by the State of Vaud, where private shareholders maintain a 32.11 percent holding.

The chairman of the bank is Olivier Steimer and the chief executive officer is Alexandre Zeller.

Belgium

Banque Belqolaise

It has been reported that Biwott and ex-President Moi are joint owners of Bangue Belgolaise, in Belgium, 40 percent of which is owned by Biwott[5]. On the contrary, Msamaha alleges that the bank is owned solely by Biwott. Akber Esmail is on the board of directors of the bank, believed to be associated to Kenya's Middle East Bank based in Nairobi[6].

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Address searches are continuing.

Business Associates

Gad Zeevi

According to Source A, Gad Zeevi, the business partner of ex-President Moi and Biwott, was expelled from Uganda in 1972 along with other Israeli nationals in the wake of the Entebbe raid. He moved to Kenya where he entered into the construction industry.

According to Source A, HZ Construction and Engineering ("HZ") was created by Zeevi, Biwott and ex-President Moi. The company made a fortune out of the Turkwell Gorge project. Biwott arranged for Zeevi to get the contract. The original cost of the contract was between $70-80 million although it reached about $270 million. The money was mostly recycled through the Pan African Bank, although some of it went through Alnoor Kassam's Trade Bank.

According to Source A, the profit from the Turkwell Gorge project was used to purchase Kenoil. As Minister of Energy, Biwott also controlled the Kenya Pipeline, a government corporation. When Mobil ceased to operate in Kenya, ex-President Moi and Biwott acquired the assets and created Kobil.

Biwott never openly accepted bribes, he did not have to as he was making money out of the oil prices[7]. Moi on the other hand needed the money.

Zeevi fell out with ex-President Moi and Biwott over Zeevi's investment in oil refineries in Puerto Rico. Moi and Biwott felt that they should have had a share in the investment because he had made his money in Kenya.

Zeevi now lives in Israel and is under investigation for his corrupt dealings with Chernoy, an infamous money launderer from Russia.

Akber Esmail

Akber Esmail is the personal lawyer of Biwott and Moi. Although Esmail began working as Zeevi's lawyer, he sided with Biwott against Zeevi when the partnership broke up in 1989. Akber and his mother, Shrin Esmail, controlled business shares as nominees for Biwott and Moi[8].

It has been reported that over 90 percent of assets owned by Biwott, ex-President Moi and Kulei are held under Esmail and Merali who operate as the front men for Moi. That said, between 1980 and 1990 the main beneficiaries were Kulei, Biwott, Esmaii and Merali, However, the larger part of the theft of funds occurred after 1990. Source B believes that not only is this period far more relevant but that it will probably be easier to uncover the loss of funds[9].

Naushad Merali

Naushad Merali is one of the richest Asian businessmen in Kenya who owns substantial holdings in numerous businesses. As a significant player, he is linked to people such as Biwott, the Mois, the Kenyattas.

Merali was initially an accountant at Ryce Motors in Kenya. After a visit to Japan (date unknown) he secured a contract to supply Daihatsu 4x4s to government parastatals, cuts of which were rumoured to go to ex-President Moi. He quickly rose to become one of the three richest Asians in Kenya and operated as a front man for ex-President Moi. Merali is very close to ex-President Moi.

Merali has been involved in deals with the following:

· Daniel Arap Moi

· James Kanyotu -Moi ally and former head of Special Branch

· Muhoho Kenyatta - Holds shares in Commercial Bank of Africa

· Uhuru Kenyatta - Holds shares in Commercial Bank of Africa

· Nicholas Biwott

· Horatius Da Gama Rose

· Mike Eldon

· Stuart Armitage

· The Ndegwa family - (former Central Bank of Kenya governors)

· Rashid Sajjad - Connected to the controversial Mombasa tycoon Mohammed Bawazir

Horatius Da Gama Rose

A Kenyan national, Horatius da Gama Rose is one of the lawyers who represents Biwott's interests. Corporate records indicate that his Kenyan address is PO Box 76317, Yaya Centre, Nairobi, Kenya.

Da Gama Rose owns the Da Gama Rose group of companies. His other interests include Maisha Plc, Maisha International Ltd and Symphony Global Technologies Plc.

Da Gama Rose has been involved in questionable links with Merali, Moody Awori, and Michael Somen. He was linked to Kanyotu in unscrupulous gold businesses in Congo.

His company Symphony Global Technologies, of which the managing director is Eldon, has apparently been given a questionable contract worth KSh1.9 billion to computerise the treasury.

Mohammed Bawazir

Mohammed Bawazir was very close to Biwott and ex-President Moi and was one of the former president's most important bagmen in the multiparty elections in the early 1990s. Bawazir was one of the largest importers of commodities into Kenya[10].

Based in Mombasa, Bawazir is an old coastal tycoon who owned a sugar company. According to Source A, the general manager of the sugar company was Rashid Saiiad who then broke off from the company. Bawazir and Sajjad funded the ethnic clashes of 1992. Sajjad was a very significant individual for KANU at the coast. Sajjad was the owner of Kenya Ports Authority from the mid 1990s to 2001/2. He was a very powerful individual right up to the elections.

Mohammed Aslam

As'am had knowledge of a lot of overseas operations of Biwott. During the time that the Cuko enquiry was taking place, Aslam indicated that he was going to give evidence against ex-President Moi and Biwott. However, he died two days before he was due to appear at the enquiry. His widow believes that he was poisoned by Biwott.

Alnoor Kassam

It has been reported that Alnoor Kassam befriended Biwott in the mid-eighties during the time that the former operated his own banking institution Diners Finance (1985-86). Biwott, Kassam and Kulei were partners in a company called Data Center. It is believed Biwott and Kulei wrote cheques for their equity and appointed Mica Chasren (governor of the Central Bank after Kitut) their representative in Data Center to look after their interests. Chasren was chief financial officer for Unilever while he was at Data Center.

It is alleged that Kassam, with a 25 percent holding, approached Biwott expressing his interest in buying the remaining 75 percent of Trade Bank. Biwott agreed to the offer although Zeevi initially declined it but later met with lqbal Kassam, Alnoor's brother in New York where an agreement of sale was drafted.

According to source enquiries, Zeevi told lqbal that he owed Trade Bank KSh400 million. lqbal had not been aware and it then became apparent that the bank was operating two sets of books. Zeevi then informed lqbal that if they were to take over the bank, it would have to be a long-term loan for five years. The deal was agreed between both parties, subject adequate security.

With the full knowledge about the financial situation of the bank, Kassam nevertheless pressed on with the deal because he needed a bank licence. Although he operated Dine Finance, he could not get a bank licence.

It has been alleged that Kassam put together a plan. He took "early payment” offering a discount oninterest. Diners Finance was open 24 hours a day, seven days a week, and paid slightly higher interest than other the banks. A lot of deposits were made. Kassam then approached the Central Bank illustrating that he had cash. Holding the financial licence, Aqbar Esmail asked for KSh2 million to distribute. He used this money to pay off Saitoti, the then Minister of Finance. Kassam obtained his licence but continued to feel the need for a bank.

Source reports indicate that the levels of debt at Trade Bank were irregular. According to banking regulations, more than 10 percent of the bank's assets cannot be lent to one company. As such, the KSh400 million that was owed by Zeevi and Biwott was held through four to six companies, amounting to about 20 percent of the bank's assets.

lqbal Kassam and Akber Esmail were horrified resulting in friction between Esmail and Zeevi.

According to source enquiries, two years later Zeevi and Biwott stopped paying interest. As part of the deal when the Kassam brothers bought the bank, they were supposed to give security but Zeevi would not give security. Kassam threatened to foreclose. At that point, Diners Finance was very successful. It was earning US$40 million per annum — an average spread of KSh600 million per year.

In June 1989, Kassam threatened to foreclose on the bank and HZ Construction. This was a great risk to Kassam as Biwott was my partner in Data Center.

It has been alleged that Kassam approached Biwott who was sitting in his office with Zeevi. He was instructed to remove the receivers, to which Kassam demanded that the debt be paid. There was a verbal threatening confrontation between Kassam and Zeevi which forced Biwott to ask Zeevi to leave the room. Biwott then told Kassam to remove the receivers or face losing the bank. Storming out of the office, Biwott summoned him back and demanded that Zeevi pay KSh100 million. The sum was paid although Biwott warned Kassam that if he were to ever do that again, the former would not be responsible for what happened to him.

According to a source, Biwott and Zeevi parted ways about 12 months thereafter. Biwott accused Zeevi of being responsible for the debts. Biwott cited that Zeevi had lied to him and left the companies in a bad state. Over the next two years, Kassam pressed Biwott to pay.

It has been alleged that Kassam received instructions from ex-President Moi not to foreclose on Biwott.

Kassam paid bribes to the former president on about seven to eight times, on each occasion he paid cash of between KSh2 to 4 million.

Charles Field-Marsham

A Canadian national, Charles Field-Marsham is the son-in-law of Biwott. According to Source A, Field-Marsham used to manage the Yaya Center and is now in Canada. He has a lot of Biwott's money[11].

Corporate record searches indicate that Field Marsham is listed as the executive of the following Biwott companies: Lima Ltd, Safaricom Kenya, Pete Aviation & Electronics Ltd and it is believed that he owns a percentage in HZ Group of Companies

Rublic record searches reveal that Field Marsham founded a company named Kestrel Capital in 1995. He has been involved in financial advisory and corporate restructuring work in Kenya since 1993. He worked previously in the Corporate Finance Department of Credit Suisse First Boston, an international investment bank, in New York and London. He holds a BA in Economics and Political Science from McGill University.

Joseph Schwartzman

Joseph Schwartzman is the chairman of a company named H.Young. Schwartman connected to Naushad Merali.

Ben Sassoon

Ben Sassoon is a representative of The Risk Athisory Group (TRAG). Sassoon works for Biwott and has been used in various Biwott scams. It has been reported that Sassoon was implicated for diamond smuggling.

Danny Vardi

An Israeli national, Danny Vardi is a former Israeli Defense Force commander who is related to Zeevi through marriage but apparently dislikes him intensely. It has been reported that Vardi was used to assassinate witnesses in the Ouko case and was involved in instigating ethnic clashes in 1992[12].

Vardi is an advisor to the Israeli government of natural gas projects.

Corporate record searches indicate that Vardi is an executive of Biwott's company, Ziba Management Services Ltd.

David Bartknowski

An Israeli national, David Bartknowski is Gad Zeevi's former CFO.

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[1] Source A

[2] Source Enquiries by the Laundryman

[3] Source A

[4] Source A

[5] Source B

[6] Source B

[7] Source A

[8] Source A

[9] Source B

[10] Source A

[11] Msamaha

[12] Source A"]