The Ministry of Energy made a strong denial Wednesday of claims made by Anns Import and Export Enterprises Limited, a company belonging to Anne Njoroge, that it had secured a license to import petroleum products into Kenya.
In a lengthy statement by Energy Cabinet Secretary Davis Chirchir, the Ministry said that Anns Import had applied for a license to import, export and wholesale petroleum products on October 9th through the Energy and Petroleum Regulatory Authority’s (EPRA) online portal.
However, after evaluating the application, EPRA rejected it on October 29th because Anns failed to meet any of the requirements which include providing proof of minimum annual sales volume of petroleum products in Kenya, proof of operating licensed retail stations or a depot, or proof of sufficient annual turnover.
“Anns Import and Export Enterprises Limited is therefore not licensed to import petroleum into Kenya as required under Section 74(1)(a) of the Petroleum Act 2019 and cannot therefore claim to have imported a Diesel cargo into the country onboard MT Haigui,” Chirchir said.
The Ministry accused Anns of fabricating claims that it had been issued an import license, paid fees, and was only awaiting signature. The Ministry stated that EPRA does not currently charge fees for petroleum licenses and that there was no record of a license issued to Anns awaiting signature.
According to Chirchir, EPRA is required under Section 84 of the Petroleum Act 2019 to maintain a register of all licenses and permits granted. After inspecting the register, the Ministry confirmed Anns is not listed as a licensed petroleum import company, and said the register is available for public inspection.
The Ministry also said Anns has not signed a transport and storage agreement or an open tendering system agreement, both of which are mandatory for companies importing gasoline, diesel and jet fuel. Importation of these products is centrally coordinated by the Ministry under recently passed regulations.
“The Ministry did not authorize Anns Import and Export Enterprises Limited to import any consignment of Diesel into the country,” the statement emphasized. It said all imports must go through an open tender system or government-to-government deals.
According to the CS, the diesel aboard the MT Haigui tanker was imported by Galana Energies Limited under a government-to-government arrangement. Galana provided all required documentation including certificates of quantity, quality and origin.
The ship’s master also rejected a bill of lading provided by Anns as fake, the Ministry said. The captain’s signature was forged and the port of origin was incorrect.
The MT Haigui arrived in Mombasa on October 11 carrying over 93,000 metric tons of diesel loaded in Saudi Arabia, the statement concluded.