03/28/2006
GRANTS
WECHE MOKADHO
;
Six months elapsed and then the following partly transpired:
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 extremely 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 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
--- 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
Joluo.com
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Akelo nyar Kager,
kata wuon Abila, kata Awino Rayier
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wuonAbila@jaluo.com
awinorayier@hotmail.com
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Inyalo oro twak kod weche manyien ne: Mig. Ajos wuod Atiga
WuonAbila@jaluo.com
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