Michael Mundia Kamau's Website

              The Nicholas Colin Olivier Watney Fraud Case (II)

NB. Continued from link "N.C.O. Watney Fraud (I)" on this website

                                                                                                      Michael Mundia Kamau
                                                                                                      C/O Barclays Advisory and
                                                                                                      Registrar Services Limited
                                                                                                      P.O. Box 30120
                                                                                                      00100 GPO
                                                                                                      Nairobi

                                                                                                      22nd November 2004, 4.23 p.m.

Mark M. Mbwayo
Head of Registrar Services
Barclays Advisory and Registrar Services Limited
P.O. Box 30120
00100 GPO
Nairobi

Dear Sir

RE: INCIDENT REPORT NO. 1/04 - EABL, NICHOLAS COLIN OLIVER WATNEY

I am alarmed and shocked to receive your attached letter of 22nd November 2004 asking me to explain why disciplinary action should not be taken against me regarding the Nicholas Colin Oliver Watney matter.

Mr. George Otieno advised me that he made a recommendation that I be granted an award for my role in the matter, which is a direct contradiction of your attached letter. Mr. Otieno’s recommendation was further verbally communicated to me by a fellow member of staff at Barclays Advisory and Registrar Services Limited, who caught a glimpse of Mr. Otieno’s written recommendation.

Notwithstanding this, and notwithstanding the brief period of 37 minutes that you have given me in your letter, I make a submission as below :

There is no reason whatsoever why disciplinary action should be taken against me, because I clearly recall that this matter was extensively discussed by several members of staff including yourself.

In between, I was asked to lodge a formal request to East African Breweries Limited for Nicholas Colin Oliver Watney’s specimen signature, which I did.

On receipt of Nicholas Colin Oliver Watney’s signature, further discussions, further meetings and further deliberations, were held between several members of staff, including yourself and myself.

Despite the fact that the signature matched, you ignored my recommendation in one of those meetings that we should seek further clearance from one or two independent third parties, including the British High Commission in Kenya, with regard to authenticity of the documentation presented, including the purported passport photocopy of Nicholas Colin Oliver Watney. This is despite the fact that Barclays Advisory and Registrar Services Limited had been the target of two similar previous frauds in the recent past, and the reason why Barclays Advisory and Registrar Services Limited had been summoned to an extensive series of meetings at the Capital Markets authority (CMA), in the year 2002.

You gave clearance for verification in the presence of the Shareholder Services Manager, Mr. George Matoke and other members of staff.

I thereafter verified the indemnity for lost share certificate for Nicholas Colin Oliver Watney and handed it directly to Shareholder Services Manager, Mr. George Matoke, who personally progressed the matter from that point on.

This are the events as I recall them in the extemely short span that you have thrust down on me.


Yours faithfully



Michael Mundia Kamau,
4.55 p.m.
22nd November 2004

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

Date: Tue, 5 Apr 2005 02:41:39 -0700 (PDT)

From: "Mundia Kamau" <roysambu@yahoo.com>
 
Subject: FLAWED INVESTIGATION AND PROCESS

To: paul.kasimu@barclays.com

CC: adan.mohamed@barclays.com,abdi.mohamed@barclays.com,mark.mbwayo@barclays.com,christine.orono@barclays.com,William.Gibbon@barclayscapital.com,Dominic.Bruynseels@barclayscapital.com,Maria.Purcell@barclayscapital.com,Matthew.Barrett@barclays.co.uk,John.Varley@barclays.co.uk,roger.davis@barclays.co.uk,Naguib.Kheraj@barclayscapital.com,david.roberts@barclays.co.uk
    
                                                                                                            Michael Mundia Kamau
                                                                                                            P.O. Box 58972
                                                                                                            00200 City Square
                                                                                                            Nairobi
                                                                                                            Kenya

                                                                                                            5th April 2005

Mr. Paul Kasimu
HR Business Partner
Barclays Bank of Kenya Limited
P.O. Box 30120
00100 GPO
Nairobi
Kenya

Dear Mr. Kasimu

RE: FLAWED INVESTIGATION AND PROCESS

It is with deep regret that I am being made to write you this letter after 4 useless and fruitless months of purported and pretentious measures to conclude the Nicholas Colin Olivier Watney fraud case, and five
other issues.

Yesterday evening, 4th April 2005, I was asked to report to the office this morning, Tuesday, 5th April 2005 at 8.05 a.m., to be issued with a warning letter for my role in the Nicholas Colin Olivier Watney fraud
case, and to resume work after four months of “leave”. I went into Mr. Mark Mbwayo’s office at 8.09 a.m. was offered a seat and was told by Mr. Mbwayo that investigations into the Nicholas Colin Olivier Watney
fraud case had been concluded, after which I was issued with a second warning letter for me to sign in triplicate.

I asked Mr. Mbwayo about the fate of the three other items discussed by yourself, Christine Orono, and myself on the 24th of November 2004, and Mr. Mbwayo had no idea whatsoever regarding their determination. I also asked Mr. Mbwayo about the fate of matters discussed between Mr. Adan Mohammed, yourself and myself on the 26th of November 2004, and he had no
idea of the fate of these either.

The unresolved matters are:

1. Compensation I am to receive for the life-long risk
   exposure that I face, as a result of the role
   I played in exposing the two key suspects in the
   Nicholas Colin Olivier Watney fraud case, and
   my subsequent central involvement in an operation
   sanctioned by Barclays Bank of Kenya Limited, to
   apprehend the two key suspects.

2. Overtime payment for numerous after office hours
   that I spent in discussions and interviews with
   the two key suspects over a four and a half month
   period


3. Remuneration for the nineteen detailed reports
   prepared and generated by myself over the four
   and a half month period that I spent discussing
   with and interviewing the two key suspects

4. A formal written appeal I made on 23rd November
   2004 against “First Written Warning for
   Misconduct”, issued on the 19th of November 2004


5. Eight formal complaints and grievances I raised on
   23rd November 2004 in line with paragraph 5
   of page 12 of the “The Barclays Employee Guide on
   Discipline, appeals and problem solving at
   work” i.e. the section titled “Grievances relating
   to discrimination, harassment and bullying”,
   indeed the specific section that states, “The
   grievance may be raised directly with your HR
   Department in preference to your line manager”

At around 8.14 a.m., Tuesday, 5th April 2005, Mr. Mbwayo asked me to hang around the office, awaiting the arrival of Mr. Abdi Mohammed, whom Mr. Mbwayo hoped would shed light on the five unresolved matters above.

At 9.08 a.m., Tuesday 5th April 2005, Mr. Mbwayo called me to his office, and asked me to go to the seventh floor of the building and see Mr. Abdi Mohammed.

I sat waiting to see Mr. Abdi Mohammed for about 20 minutes, as he was in a meeting. Mr. Abdi Mohammed and myself then met, but unfortunately, he too was totally unaware about the fate of the five unresolved issues above. Mr. Abdi Mohammed and myself agreed that he would call you to discuss the unresolved issues. Mr Abdi Mohammed then released me, and asked me to seek clarification from him on Wednesday morning, 6th April 2005 at 8.05 a.m. It was further agreed that I would sign the second warning letter in triplicate on Wednesday morning, 6th April 2005

It is unacceptable that after 4 months, all issues have not been resolved conclusively. There is a deliberate attempt to wear me down, frighten me, frustrate me, punish me and hoodwink me. It is also clear that my 4 months of “leave” were meant to cower me into reviewing and retracting the positions I held.

I have repeatedly been told that my e-mail of 23rd November 2004 to Mr. William Gibbon titled “Massive Coverup at Barclays Africa”, was in “very bad taste”. I still stand by the contents of the said e-mail, and
reiterate that I will fight this matter to what clearly appears will be a bitter conclusion.

I will be grateful to have your final response.

Yours sincerely,


Michael Mundia Kamau


CC – Mr. Adan Mohammed
     Managing Director,
     Barclays Bank of Kenya Limited
     P.O. Box 30120
     00100 GPO
     Nairobi
     Kenya

--- "Kasimu, Paul: BB Kenya" <paul.kasimu@barclays.com> wrote:


Subject: RE: FLAWED INVESTIGATION AND PROCESS

Date: Wed, 6 Apr 2005 18:04:47 +0300

From: "Kasimu, Paul: BB Kenya" <paul.kasimu@barclays.com>
    
To: "Mundia Kamau" <roysambu@yahoo.com>

CC: "Mohamed, Adan: BB Kenya" <adan.mohamed@barclays.com>, "Muremwa, Joseph: BB Kenya" <joseph.muremwa@barclays.com>, "Mohamed, Abdi: BB Kenya" <abdi.mohamed@barclays.com>
    

Michael,

This is further to your note below and subsequent meeting of this morning with yourself, Adan and Abdi Mohammed on the above subject.

As discussed, I confirm the following:

1. The Bank will reimburse you with any personal
   expenses, such as travel, personal telephone etc.,
   that you will have incurred during the
   investigations. Therefore, please submit a claim
   to your line manager on any related expenses and
   overtime for authorisation in line with normal
   procedure.

2. A an appeal hearing has been arranged for Tuesday
   12th April, 2004 at 2.30 p.m. A separate note has
   been released to you detailing this. This will
   also double up as a grievance hearing on the
   issues raised as per item 5 of your note below.


3. We acknowledge that you were able to assist in
   investigations. It is indeed normal procedure for
   employees to give evidence and assist in
   investigations in line with the Bank's terms of
   employment. Please note that no remuneration is
   payable to an employee in respect of
   involvement in investigations and apprehension of
   fraud suspects.

4. We are willing to explore ways to provide you with
   any support that you may require in accordance
   with the assessment recommendations of the
   risk exposure, in this case by George Otieno
   and/or the BASIS team. We have established that we
   do not have any programmes on protection of
   witnesses. However, BASIS has confirmed that you
   may directly contact them should you have reason
   to feel that there is real threat on you.

One of the other forms of support that the Bank facilitates is professional trauma/counselling support following such incidences. I will be happy to explore the possibility of arranging for a session for
you if required.

Regards,

Paul

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

                                                                                                              5th April 2005

Mr. Paul Kasimu
HR Business Partner
Barclays Bank of Kenya Limited
P.O. Box 30120
00100 GPO
Nairobi
Kenya

Dear Mr. Kasimu

RE: FLAWED INVESTIGATION AND PROCESS

It is with deep regret that I am being made to write you this letter after 4 useless and fruitless months of purported and pretentious measures to conclude the Nicholas Colin Olivier Watney fraud case, and five
other issues.

Yesterday evening, 4th April 2005, I was asked to report to the office this morning, Tuesday, 5th April 2005 at 8.05 a.m., to be issued with a warning letter for my role in the Nicholas Colin Olivier Watney fraud
case, and to resume work after four months of leave. I went into Mr. Mark Mbwayos office at 8.09 a.m. was offered a seat and was told by Mr. Mbwayo that investigations into the Nicholas Colin Olivier Watney fraud case had been concluded, after which I was issued with a second warning letter for me to sign in triplicate.

I asked Mr. Mbwayo about the fate of the three other items discussed by yourself, Christine Orono, and myself on the 24th of November 2004, and Mr. Mbwayo had no idea whatsoever regarding their determination. I also asked Mr. Mbwayo about the fate of matters discussed between Mr. Adan Mohammed, yourself and myself on the 26th of November 2004, and he had no
idea of the fate of these either.

The unresolved matters are:

1. Compensation I am to receive for the life-long risk
   exposure that I face, as a result of the role
   I played in exposing the two key suspects in the
   Nicholas Colin Olivier Watney fraud case, and
   my subsequent central involvement in an operation
   sanctioned by Barclays Bank of Kenya Limited, to
   apprehend the two key suspects.

2. Overtime payment for numerous after office hours
   that I spent in discussions and interviews with
   the two key suspects over a four and a half month
   period


3. Remuneration for the nineteen detailed reports
   prepared and generated by myself over the four
   and a half month period that I spent discussing
   with and interviewing the two key suspects

4. A formal written appeal I made on 23rd November
   2004 against First Written Warning for
   Misconduct, issued on the 19th of November 2004


5. Eight formal complaints and grievances I raised on
   23rd November 2004 in line with paragraph 5
   of page 12 of the The Barclays Employee Guide on
   Discipline, appeals and problem solving at
   work i.e. the section titled Grievances relating
   to discrimination, harassment and bullying,
   indeed the specific section that states, The
   grievance may be raised directly with your HR
   Department in preference to your line manager

At around 8.14 a.m., Tuesday, 5th April 2005, Mr. Mbwayo asked me to hang around the office, awaiting the arrival of Mr. Abdi Mohammed, whom Mr. Mbwayo hoped would shed light on the five unresolved matters above.

At 9.08 a.m., Tuesday 5th April 2005, Mr. Mbwayo called me to his office, and asked me to go to the seventh floor of the building and see Mr. Abdi
Mohammed.

I sat waiting to see Mr. Abdi Mohammed for about 20 minutes, as he was in a meeting. Mr. Abdi Mohammed and myself then met, but unfortunately, he too was totally unaware about the fate of the five unresolved issues
above. Mr. Abdi Mohammed and myself agreed that he would call you to discuss the unresolved issues. Mr Abdi Mohammed then released me, and asked me to seek clarification from him on Wednesday morning, 6th April 2005 at 8.05 a.m. It was further agreed that I would sign the second warning letter in triplicate on Wednesday morning, 6th April 2005

It is unacceptable that after 4 months, all issues have not been resolved conclusively. There is a deliberate attempt to wear me down, frighten me,
frustrate me, punish me and hoodwink me. It is also clear that my 4 months of leave were meant to cower me into reviewing and retracting the positions I held.

I have repeatedly been told that my e-mail of 23rd November 2004 to Mr. William Gibbon titled Massive Coverup at Barclays Africa, was in very bad taste. I still stand by the contents of the said e-mail, and reiterate that I will fight this matter to what clearly appears will be a bitter conclusion.

I will be grateful to have your final response.

Yours sincerely,


Michael Mundia Kamau


CC  Mr. Adan Mohammed
     Managing Director,
     Barclays Bank of Kenya Limited
     P.O. Box 30120
     00100 GPO
     Nairobi
     Kenya


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

Date: Sat, 8 Oct 2005 00:11:38 -0700 (PDT)

From: "Mundia Kamau" <roysambu@yahoo.com>

Subject: OVERTIME DISPUTE

To: abdi.mohamed@barclays.com
CC: joseph.muremwa@barclays.com
    
                                                                                                      Michael M. Kamau
                                                                                                      C/O Barclays Advisory  
                                                                                                      and Registrar Services Limited
                                                                                                      P.O. Box 30120
                                                                                                      00100 GPO
                                                                                                      Nairobi

                                                                                                      8th October 2005


Mr. Abdi Mohamed
Regional Head of Ops & IT, Kenya
P.O. Box 30120
00100 GPO
Nairobi


Dear Abdi

RE: OVERTIME DISPUTE

Please treat this letter as a humble appeal for you to intervene in and resolve a nagging overtime matter at BARS, that continues to remain unnecessarily unresolved:

As a result of technicalities, overtime payments were not made in BARS in the months of June and July 2005. An assurance was made to pay part of the overtime arrears in August 2005, but even this was initially overlooked, occasioning manual payment of overtime in August 2005.

The balance arrears of overtime were paid in September 2005, but even this omitted the May 2005 cycle, because of a technicality.

It was thereafter decided that all unpaid overtime hours would be reconciled, consolidated and forwarded for payment with the October 2005 salaries

What is however very annoying, is the arbitrary and unilateral decision taken by management to deduct an hour each from both rates of overtime for the May 2005 overtime cycle, on the grounds that these were used for lunch. This comes long after approval and after long delay.

At a meeting held on Wednesday evening, 5th October 2005, I questioned the grounds on which this decision was made, and why no similar action had been taken on prior overtime payments. I further stated that this
amounted to gross abuse of authority, and was disrespectful, dishonourable, contemptuous and wrong in the extreme.

Rather than get a suitable response, I was told that I was “going back to my old ways of last year”, and was “free to write whatever letters I liked”. I questioned where these remarks had come from and whether they
amounted to a threat. I actually twice asked the question whether these remarks amounted to a threat, and twice got the answer “yes”. I at that point decided to leave the meeting room, to avert further degeneration.
 
This means that we will have to wait a further one and a half months i.e. to November 2005, to be paid overtime for May 2005, barring any further delays or technicalities. What is more, is that this long overdue overtime has been subjected to an arbitrary two hour deduction on absolutely no valid grounds whatsoever.

The continued communication breakdown at BARS is unfortunate and deeply disappointing. It is extremely taxing and overbearing to attempt to render effective and efficient service to the clients under our care, and at the same time spend unnecessary time, energy and effort attending to elementary matters like payment of long overdue arbitrarily altered overtime hours, because those designated to do so, are openly flouting and abusing their roles.

Your early intervention in this sensitive matter will highly be appreciated.

Yours sincerely,


Michael M. Kamau

                                                     ......................

For related material see "Supporting Documents I", "Supporting Documents II", "Supporting Documents III" and "Supporting Documents IV" elsewhere on this website