The battle over the multi-billion cargo handling business at the Port of Mombasa is behind a suit filed by tycoon Abubakar Joho, 'Abu', against an employee of Grain Bulk Handlers Limited (GBHL). A lawyer, Michael Oloo, told a court that Abubakar sued GBHL employee Ms Matilda Kinzani for defamation because she was the personal assistant to the firm's chairman, Mohamed Jaffer. Oloo informed Senior Principal Magistrate David Odhiambo that Abubakar and Kenya Railways (KR) Managing Director Philip Mainga dragged Jaffer into the lawsuit due to business rivalry. Mr Oloo said Mainga collaborated with Abubakar to defame Jaffer over port business rivalry.
Abubakar is the elder brother of Cabinet Secretary for Mining and Blue Economy Hassan Joho. Abubakar and Joho are linked to the ownership of AutoPort Container Freight Services Ltd, a cargo-handling logistics company that deals in fertiliser and real estate, among other businesses. Jaffer, a port handling business mogul, has investments in port logistics businesses, including the modern grain bulk and fertiliser handling terminals at Mombasa port.
The two are archrivals. On Friday, Oloo -- who is Jaffer's lawyer -- told the senior principal in a case heard in the chambers that Mainga allegedly drafted the defamatory letter and forwarded it to Abubakar. "He (Abubakar) said there was business rivalry in the port fertiliser business. It must be a scheme of the KR MD (Mainga) and Abubakar to get back at Jaffer," said Oloo. Ms Kinzani is charged under the notorious Computer Misuse and Cyber-crimes Act for publishing false information.
She is accused of falsely claiming in a WhatsApp group that CS Joho and his brother, Abubakar, defrauded Mombasa County of over Sh40 billion. On May 23 this year, Abubakar told the court how Kinzani labelled him a drug dealer and land grabber, allegedly because of the business rivalry with Jaffer. "You cannot parade me on the Internet and destroy my family's and children's reputation because of business competition from my business rival. "When you accuse me of selling drugs by placing them in rice, accuse me of aiding my brother to steal Sh40 billion while he was a governor of Mombasa and that my company stole land, you are spoiling my reputation and business," said Abubakar in court. Abubakar told the courts that Mainga alerted him of a letter circulating on the Internet accusing him of drug dealing, land grabbing and stealing of containers. However, Oloo said Abubakar's testimony in court that Jaffer used Kinzani to defame him was an afterthought because he never recorded the same with the police. According to Abu's testimony in court, the port rail and fertiliser businesses are the reasons for their rivalry that has spanned decades and ended in court. Abubakar told magistrate Odhiambo that Jaffer was not happy with his entry into the port rail business and that Jaffer has enjoyed a three-decade monopoly in the port logistics and fertiliser business. "Jaffer is my business rival, and he deals in fertiliser like me.