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New Mega Africa Director David Abai is a man reportedly living in fear in what has been attributed to attempts on his life.
Mr. Abai heads the transport firm that has been embroiled in a long legal battle with Absa bank.
Our investigations can authentically reveal that the director has been living on a hide and seek basis even as the bank fights to auction the firm’s properties.
In November 2022, New Mega Africa Ltd. Sued Absa over alleged disclosure of confidential information and data to third parties. The Absa Nyali branch was the one specifically mentioned.
The company demanded Sh 1.5 billion as compensation over the same and the case is still alive.
In the suit the company, which transports clinkers from Kenya to Tororo Uganda for the manufacture and processing of cement and other related products, accused the lender of financial sabotage and disclosing its financial statements to strangers without consent.
On December 14th, 2022, Abai wrote to the Coast Regional Criminal Investigation officer over threats to his life and witness interference.
In the letter, he gave an account of how the firm got involved with Absa in 2022 and how things fell apart in 2021 when they suspected interference with their account.
According to further explanations in the letter, it is after serving the pleadings on the bank when witness interference started.
“Immediately upon serving the pleadings on the bank on or about 5thOctober, 2022, one of the bank’s officers adversely mentioned in the case called one of the company’s witnesses with a view of inducing him to recant his evidence against the bank,” it reads in part.
According to Abai’s letter, it is after this that the company through its lawyers wrote to the bank and the two parties agreed to end the matter and only focus on the court case.
Despite the agreement, Abai revealed that it didn’t take long for him to notice unknown people trailing him using unregistered or missing plate motorcycles.
“Having observed this trend for a few days, I decided to be careful with the places I frequent. On 6th December,2022, I received a call from an anonymous number threatening me with unspecified consequences if I continue with the case against the bank.,” he explained.
This letter prompted him to lodge a report at the Mtwapa Police Station through OB number 72 of 7th December, 2022.
Over seven months, our investigations can further reveal that there is still tension among the two parties and this has been escalated by another court order of June 2023 which stopped the bank from auctioning the company’s property over unpaid loans.
Leaked insider information shows how the bank officials have been meeting at late hours planning and discussing on how to do away with David Abai over the Sh1.5 billion compensation case.
The key suspect, Mr. Wycliff Makori, who works at Nkrumah has never been suspended over the data breach allegations.
Mr.Makori is also linked to another case where a client was swindled Sh5m in a well-orchestrated plan that was overseen by regional manager Doufold Odanga and Mwangi Macharia
The two, apart from swindling money from clients are also facing serious accusations of sexual harassment from some of the female staff at Absa.
In May, investigative agencies had narrowed down on Absa Nyali branch over possible money laundering, leaking of client data.
At the Nyali branch, you will always meet well dressed and smiling staff who are always ready to serve. If the client is a company operating in several countries or a businessman with overseas deals, the better for the Absa staff.
Most of them, as per our investigations, go as far as sleeping with clients in order to get access and confidential information from the bank.
It’s a bank that has had numerous battles for sharing confidential information to third parties and that seems not to have gone away. Money laundering suspicions have never been far away from it and the bank risks losing the trust of its clients.
We have in our possession chats, pictures and recordings on how these meetings are executed especially at lunch time and late night hours, recently police in the region said they were investigating a robbery incident where armed men were trailing some officials after a deal was executed and money exchanged hands.
The key suspect, Mr. Makori, who is the man Abai is constantly working hard not to land into his traps, has amassed a lot of wealth and owns a number of properties in the larger coast region.
The row between Absa and New mega Africa stemmed from the bank’s alleged refusal to approve the company’s loan request on time, crippling its business.
The advance was secured through a charge over a property located in Kitisuru, Nairobi among other securities.
It is also alleged that numerous letters written to the bank requesting for restructuring of the loan were met with long delays affecting the firm’s operations.
However, the leaked firm’s financial statement scared other financiers who refused to lend the company money on an account that it had gone broke and lacked the financial muscle to service loans.
The bank last month got a big blow when Justice Josephine Mongare certified as urgent the application filed by New Mega Africa Ltd and issued the directive saving the company’s assets from being auctioned over a more than Sh80 million debt.
“A temporary injunction order be and is hereby issued restraining the bank and its employees or agents from advertising for sale, selling by private treaty, or conducting or concluding a public auction of all that land pending the hearing and determination of the suit,” said the judge.
Justice Mongare further issued an order preventing the transfer of the title of the property in Kitusuru in Nairobi, to a third party pending active litigation of the case.
The bank moved to seize the company’s assets to recover unpaid loans, which it says stood at Sh86.4 million as of September 30, 2022.
The bank claims that this loan has fallen into arrears and continues to accrue interest, despite its calls for the company to regularize the account.
This could justify why Abai is fearing for his life with the bank seemingly getting frustrated with the case and the hard stand taken by New Mega Africa.