Friday, August 29, 2014

Capital markets watchdog revives fight with Kiereini over CMC’s millions

Politics and policy
Mr Jeremiah Kiereini has traded stocks worth Sh1.2 billion in the past four months. PHOTO | FILE
Mr Jeremiah Kiereini has traded stocks worth Sh1.2 billion in the past four months. PHOTO | FILE 
By VICTOR JUMA, vjuma@ke.nationmedia.com
In Summary
  • The Capital Markets Authority (CMA) on Wednesday got the court order as part of its effort to recover Sh195.7 million that Mr Kiereini allegedly received fraudulently during his long tenure as a chairman of motor dealer CMC.
  • CMA said it had noticed aggressive selling of Mr Kiereini’s portfolio in Nairobi Securities Exchange-listed firms, interpreting the move as an attempt to frustrate the cash recovery plan.
  • Mr Kiereini’s lawyer, Njoroge Regeru, said his client was shocked by the CMA’s action which he vowed to fight in the courts.

Businessman Jeremiah Kiereini was Thursday preparing for the opening of a new battlefront in defence of his multi-billion-shilling empire after the capital markets watchdog obtained orders stopping him from trading shares he owns in public-listed firms.
The Capital Markets Authority (CMA) on Wednesday got the court order as part of its effort to recover Sh195.7 million that Mr Kiereini allegedly received fraudulently during his long tenure as a chairman of motor dealer CMC.
“The temporary injunction restrains (Mr Kiereini) from selling, transferring or in any manner dealing with any shares in any listed company at the Nairobi Securities Exchange and the Central Depository and Settlement Corporation,” says the directive issued by a Nairobi court.
The CMA said it sought the order after further investigations into fraud allegations at CMC revealed that Mr Kiereini illegally received up to £447,000 (Sh65.2 million) of the motor dealer’s funds.
The capital markets regulator said it had noticed aggressive selling of Mr Kiereini’s portfolio in Nairobi Securities Exchange-listed firms, interpreting the move as an attempt to frustrate the cash recovery plan.
READ:
The Business Daily’s analysis of share trading at the NSE shows that Mr Kiereini has traded stocks worth Sh1.2 billion in the past four months, including minority stakes in East African Breweries and CFC Stanbic Holdings.
Mr Kiereini’s lawyer, Njoroge Regeru, said his client was shocked by the CMA’s action which he vowed to fight in the courts.
“My client is shocked by this development which is a continuation of the CMA’s vendetta against Mr Kiereini that has been going on for years,” Mr Regeru said.
“Instead of serving the person they have picked to do battle with, the CMA has sought to publicise this matter through the press and this is highly unprofessional. We will face them in court.”
Mr Regeru said that neither he nor Mr Kiereini had been served with the ex-parte court order which they plan to challenge in an escalation of the long-running legal battle against the regulator.
Mr Kiereini’s troubles with the CMA began in 2012 after a forensic audit by South Africa’s Webber Wentzel found that he was part of a group of former CMC directors who siphoned millions of shillings from the auto dealer into secret accounts in the financial safe haven of Jersey.
The report also named former directors of CMC Charles Njonjo and Martin Forster, who served as the company’s CEO for 33 years until his ouster in March 2011, as having benefited from the scam.
The investigators said the Jersey accounts had Sh250 million and were fed by illegal commissions charged on motor vehicles sold by CMC.

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