NATIONAL POLICE SERVICE
Telegram: “CRIMINAL” Nairobi Email: director @od.go.ke Tel: 020343312, 0202603724
MAZINGIRA HOUSE KIAMBU ROAD P.O. Box 30036 NAIROBI.
DIRECTORATE OF CRIMINAL INVESTIGATIONS
PRESS RELEASE
QUESTIONED ELECTIONS MATERIALS
POLICE
SUSPECTS:
- JOSE GREGORIO CAMARGO CASTELLANOS VENEZUELAN NATIONAL
- JOEL GUSTAVO RODRIGUEZ GARCIA VENEZUELAN NATIONAL 3. SALVADOR JAVIER SOSA SUAREZ VENEZUELAN NATIONAL
On 19th July 2022 one Jose Gregorio Camargo Castellanos a Venezuelan national left Panama to Istanbul Turkey and arrived in Nairobi, Kenya on 21 July 2022 aboard a Turkish Airline Flight No. TK 607. (Annexed herein and Marked “VK-1′ is his Flight Itinerary).
On arrival at Terminal 1A, the Customs Officers during ordinary and usual screening of incoming luggage, detected through the monitoring screen suspicious contents in the bag bearing the tag of Jose Gregorio Camargo Castellanos.
The bag was flagged and Jose Gregorio Castellanos Camargo was questioned regarding the contents of his bag.
He was however incoherent and hesitant in answering the questions posed to him. He was then requested to open his bag which he obliged and therein seventeen (17) rolls of electoral materials namely stickers were found of which one (16) were printed and one (1) was blank. The stickers were for various polling stations which he stated were for approximately 10,000 stations namely:- Nairobi-3. Kiambu-2. Nakuru-2, Meru-2. Machakos-1. Murang’a-1, Bomet -1. Nyeri -1. Tharaka Nithi -1.
Nyandarua -1. Kericho-1 and one (1) unprinted roll. He acknowledged the bags as his personal luggage. (Annexed herein and Marked “VK-2’are Photographs of the 16 printed rolls plus one blank roll).
That his second bag contained one personal laptop, one personal monitor, five flash discs, one mobile phone and assorted personal computer accessories. When he was questioned on ownership of the same, he stated that the electronics and their accessories were his personal items and not IEBC property.
Section 35(d) of the National Police Service Act. 2011 mandates the National Police Service to detect and prevent crime. In furtherance thereof, section 29(a) empowers police officers to arrest any person upon reasonable grounds of having committed any cognisable offence. Section 29 (d) equally gives police officers the power to arrest any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence in reference to that thing.
The officers having established that the rolls were allegedly the property of IEBC of the Republic of Kenya arrested the suspect and confiscated the stated rolls and went ahead to inquire from the suspect Jose Gregorio Camargo Castellanos how he came into possession of the same. The suspect confessed that he was given the materials from Panama by his company M/S Smartmatic International Holding B.V. to deliver to one Abdulahi Abdi Mohamed’s office in Nairobi.
Investigations revealed that the stated electoral materials had been checked in as a personal luggage and not cargo at the country of departure. Panama. On arrival the said consignment was not declared to the Customs Office as is ordinarily required by custom laws through filling of Form F-88 in compliance with Section 46(1) of the East Africa Community Customs Management Act. Further, Camargo Castellanos Jose Gregorio did not provide any documentation to justify being in possession of the consignment which would ordinarily be expected to accompany such a consignment. (Annexed and marked VK-3 is the F-88 declaration form).l
Further investigation conducted on Camargo Castellanos Jose Gregorio also showed that he had arrived in the country on a business visa on the invitation of one Abdulahi Abdi Mohamed to his office for work related activities via a letter addressed to the officer in charge of the visa section Embassy of Kenya on 18th July. 2022. (Annexed and marked VK-4 is the Invitation Letter).
The officers were shocked at how a foreigner was all the way from Venezuela. Panama. Turkey to Nairobi contracted for a very sensitive and high-level service by supposedly IEBC had nobody waiting for him and in particular to receive the sensitive confidential materials which were supposed to be in secure custody after confirmation and reception by the procuring entity. He was thus asked who had invited him or how diyd he came to be in Kenya and he confessed that he was invited by one Abdulahi Abdi Mohamed.
Upon probing the suspect, it emerged that Mr. Camargo did not bear any letter or documentation indicating that he had been invited by IEBC and as such the materials in his possession belonged to Abdulahi Abdi Mohamed.
It is while the detectives were questioning Mr Camargo, that two other Venezuelan nationals identified as Joel Gustavo Rodriguez and Salvador Javier Suarez came to the airport inquiring about the whereabouts of Mr Camargo.
Investigations also revealed that Joel Gustavo Rodriguez and Salvador Javier Suarez were equally Venezuelan citizens residing in Panama and were personally invited by Abdulahi Abdi Mohamed who in a stranger than fiction luck. only found Venezuelans all living in Panama and not any other Nationality living elsewhere. who jetted into the country carrying a similar consignment that passed undetected on 15th July, 2022 to wit Joel Gustavo Rodriguez was carrying nine (9) while Salvador Javier Suarez was carrying eight (8) rolls of stickers. This led to their arrest on 21 July 2022 at around 1900hrs at ATPU Headquarters Nairobi during which two mobile phones and two Venezuelan Passports were confiscated. As per the contract dated 25th November 2021 between IEBC and M/S Smartmatic International Holding B.V vide tender no. IEBC/OIT/001/21/2022-2021 the three 3
suspects are not in any way captured as employees of IEBC or Smartmatic International B.V.
A further search was conducted at their apartment wherein the detectives seized and confiscated one tablet and two flash disks.
All the seized electronic devices were forwarded to ATPU Forensic laboratory for
examination and analysis.
On further investigations it was established that Joel Gustavo Rodriguez and Camargo Castellanos Jose Gregorio had travelled using expired passports from their mother country of Venezuela. Jose Gregorio Camargo Castellanos passport number 115868706 expired on 11 February 2020. (Annexed herein and Marked VK-5 is a copy of the bio data page). Joel Gustavo Rodriguez Garcia passport number 110336640 expired on 13 November 2019 (Annexed herein and Marked VK-6 is a copy of the bio page) All the passports are under investigation.
As per the contract dated 25 November 2021 between IEBC and M/S Smartmatic International Holding B.V vide tender no. IEBC/OIT/001/21/2022-2021 the three suspects are not expressly indicated as employees of IEBC or Smartmatic International B.V
It is an established fact that the three foreigners were invited by one Abdulahi Abdi Mohamed at his office in Nairobi. (Annexed herein and marked as VK-4, VK-7 and VK-8 respectively are letters of invitation for Camargo Castellanos Jose Gregorio was invited by one Abdulahi Abdi Mohamed vide an invitation letter dated 18th July: Salvador Javier Sosa Suarez was invited by one Abdulahi Abdi Mohamed vide an invitation letter dated 8th July, 2022, Joel Gustavo Rodriguez Garcia was invited by one Abdulahi Abdi Mohamed vide an invitation letter dated 4th July, 2022.
From the aforesaid invitation letters, it is clear that the three foreigners were in Kenya solely for business with Abdulahi Abdi Mohamed, applying for his personnel who he had contracted to come to his office in Nairobi for work related activities.
succeed. To date the 17 rolls previously smuggled in remain unaccounted for unless Mr. Chebukati confirms to Kenyans of their existence since he has not complained about them.
To confirm that this was a well-planned and conscious plot, when Abdulahi Abdi Mohamed was questioned at the airport where he met the suspect Jose Gregorio Camargo Castellanos and was shown the IEBC electoral materials in his possession. he categorically denied that he was aware that there were any electoral materials that were to be brought in by Jose Gregorio Camargo Castellanos. It is therefore peculiar that the suspect says that it is Abdulahi Abdi Mohamed who personally employed and invited him, organised for his visa, paid for his flight yet he had no idea when this employee was arriving and what he was carrying.
This infers that since IEBC had contracted Smartmatic International Holding B.V to deliver materials directly, then the suspect should have been in direct contact with the IEBC and deliver the materials direct, under Smartmatic International Holding B.V, which has an express contract with IEBC and not through Seamless Limited. a company which does not have a contract with IEBC but was carrying sensitive materials belonging to IEBC. In this case neither the IEBC nor Abdulahi Abdi Mohamed could account for Jose Gregorio Camargo Castellanos and what he was carrying.
Clause 22.4.4 in the contract provides for conditions for goods supplied from outside Kenya and states that upon shipment the supplier should notify the procuring entity and the insurance company contracted by the supplier to provide cargo insurance by cable. facsimile, electronic mail or EDI of the shipment. The supplier should promptly send the following documents to the procuring entity by mail or courier as appropriate with a copy to the cargo insurance company:
a) two copies of the suppliers invoices showing the description of goods. quantity, unit price and total amount. b) usual transportation document.
c) insurance certificate.
d) certificates of origin and
e) estimated time and point of arrival in Kenya and at the site.
Clause 25.6 (b) of the contract on Customs clearance dictates that pursuant to the request by the procuring entity the supplier will make available a representative or agent during the process of custom clearance in Kenya for goods supplied outside Kenya.
Notably none of these procedures and/or documents were complied with thus a breach of the stated contract. If at all there was any.
Notably, when the principal legal advisor one Chrispine Owiye was questioned in respect to the mode of delivery of materials from outside the country, he stated that the contract between IEBC and Smartmatic was signed by one Mr. Marjan Hussein Marjan, the CEO of IEBC and as per the contract there was no such clause as to delivery. He also stated that only Mr. Marjan Hussein Marjan could explain how such materials were to be delivered. The above averments speak of a deliberate loop hole consciously left for mischief. It should be noted that the Principal legal advisor to the IEBC denied the express contents regarding the mode of delivery stating that the same is not spelt out in the contract and that it is up to the contractor to deliver to the IEBC as per the contract. Thus, contradicting himself in his own statement.
Mr. Marjan Hussein Marjan acknowledged that the IEBC had contracted Smartmatic to provide stickers for all the KIEMS kit bags and that on 21 July, 2022 he received a call from one Abdisalam a local agent with Smartmatic, that one of their staff had been detained at JKIA carrying stickers for IEBC. Investigators would ordinarily expect Mr. Abdulahi Abdi Mohamed was the one to call the CEO Marjan Hussein of IEBC on the same incident but surprisingly it was not the case. It seemed Abdisalam went to cover for Mr. Abdulahi Abdi Mohamed.
Mr. Marjan Hussein Marjan categorically stated that the suspect Camargo is not an official of IEBC but an employee of Smartmatic. It is therefore bizarre and intriguing as to the reason and justification the Chairperson. Mr. Wafula Chebukati in his 7
statement stated of ‘arbitrary arrest and harassment of IEBC electoral technology personnel by police officers. It is trite law that an arbitrary arrest is an arrest without any reasonable cause. Therefore, the action of the police officers was within their mandate and was founded on reasonable and just cause and should not be construed to mean arbitrary arrest or harassment. (Annexed herein and Marked “VK-9’ is the press release of 21 July, 2022).
We find the Chairperson. Mr. Wafula Chebukati to be insincere and dishonest by declaring people who have been disowned by his own staff as IEBC personnel. Mr. Chebukati’s statement, was well choreographed, planned and strategically crafted to raise an alarm by sensationalizing a false statement to sway the masses who are the public to believe that the police arbitrarily arrested and harassed IEBC personnel. It was an attempt aimed at intimidating and blackmailing security agencies and other stakeholders against playing their rightful role.
It is clear that his aim was to maximise media coverage to carry out this onslaught and put pressure to the investigating agencies to abandon any further investigation in respect to this suspicious business whose objective we are yet to establish. It is unfortunate that his intended use of media will not bear any fruit or assist him in any way for our media/ journalists are professionals who pride in ethical reporting and who we believe cannot be compromised at all to betray the confidence and trust of their audience in particular the people of Kenya whom they serve.
We are all called in one accord to deliver to Kenyans their desire to celebrate and enjoy their universal suffrage. It is the synergy of all the stakeholders entrusted by Kenyans who pay them by their hard-earned taxes to deliver.
We wish to state that the initial detention pursuant to Section 121 of the Criminal Procedure Code and discovery of suspected illegal IEBC materials was done in good faith and within the ordinary execution of duty of the officers at the point of entry. The officers had no idea whatsoever that such a foreigner would arrive in our country carrying highly sensitive and confidential Republic of Kenya-IEBC property and that the same was intended for a very serious exercise for Kenyans to which he
had no accountability whatsoever from where it was coming from to where it was destined.
The suspects expected to report to the Director ATPU are not IEBC personnel or staff or even contracted by IEBC but employees of one Abdulahi Abdi Mohammed.
Taking cognisance of the upcoming general elections and the purpose of stickers which is to identify and track KIEMS kit bags, it would be risk and a threat to credible and accountable distribution of legitimate KIEMs kit bags to respective polling stations thus compromising or bringing the entire exercise into subsidence. This may be very costly to the country and borders on national security.
Mr. Chebukati has not told Kenyans of the previously sneaked in elections materials to wit 17 rolls of which we expected him to explain its purpose and which subsequently found their way into the country without being declared at the airport. Neither has he notified immigration, customs nor security agents of more stickers to come so as to avoid a similar incidence. if at all they are expected. In addition, Mr. Chebukati must also explain to Kenyans the purpose of the blank roll seized.
Mr. Chebukati is equally not telling Kenyans the total number of stickers specified and procured by the IEBC. He needs to tell Kenyans just as he is enthusiastic to harangue on perceived harassment to enable the public to reconcile the total number of stickers the IEBC can account for as of now.
It is a blatant lie and unconscionable to tell the public that the National Police Service has confiscated all Electronic items belonging to IEBC. We wish to put it right that the so-called electronic items were only one personal laptop, a monitor and a few flash disks all belonging to the suspect. Castellanos Camargo. Nobody was compelled to give passwords for all the suspects freely and voluntarily gave their statements. Mr. Chebukat: was expected by Kenyans to give evidence to confirm his accusation against the police.Is Mr. Chebukati telling Kenyans that the entire forthcoming election is contained in this one personal laptop, a few flash-disks and a personal phone? How casual! The said confiscated or electronic items as stated by Mr. Chebukati were in a luggage that the suspect Mr. Jose Gregorio Camargo Castellanos had several connecting flights where most luggage are prone to misplacement or theft, does Mr. Chebukati wants to tell us that in the event the luggage got lost or misplaced in any of these connecting airports, there could be no elections in the Republic of Kenya? Smartmatic company won the tender as the highest scoring technological company among all others in the world who bid to have the entire important and sensitive information in such gadgets and stored in such pedestrian manner. This is laughable!
It is disheartening and a cause to worry for Kenyans when Mr. Chebukati says he is troubled by police doing their work for all intent and purposes, what was expected of the police under the circumstance upon the arrival of a foreigner who could not give an account of himself or explain what was in his possession? What was Mr. Chebukati expecting the police to do? The law and duty of police is to prevent. deter, disrupt and where necessary detain and/or seize for the purpose of investigations. This was a very suspicious matter for the police not to take action. This was a Venezuelan citizen living in Panama with a passport clearly expired, who claimed he was contracted by persons he could not identify but finally gave a document showing he was brought to Kenya by one Abdullahi Abdi Mohammed who organized for his visa and paid his flight to come to Kenya. Didn’t the police have the right to inquire more into this matter?
It was expected of Mr. Chebukati to actually congratulate and encourage the officers at the point of entry for a job well done unless there is something, he knew that we do not know. This was a discovery that he ought to be proud of and hail the officers on the same. The discovery impacted directly on him being the chairman to an exercise he oversees which otherwise could have been jeopardised. adulterated, marred, interfered with or in any manner would have discredited his responsibility.
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There is evidence that this discovery was by chance and indeed we say it was by the grace of God that out of the three suspicious occurrences, one was discovered and had it not been discovered Kenyans would be thinking that all is well when it is not.
This is therefore not harassment but rather fidelity to duty and we highly commend and appreciate the dutiful officers who were alert, honest and did what was right. We encourage them to keep the spirit and not to cower. be intimidated or blackmailed in whatever manner but to remain firm and protect their country from any mischief, threat or risk that may impact negatively into the lives of Kenyans, the national security and/or their democratic rights.
The Directorate of Criminal Investigations reiterates that contrary to falsehoods and inuendo peddled by Mr. Wafula Chebukati in his press release on 22nd July 2022. that the three persons he alleged were arrested were not personnel or staff working for the commission (IEBC).
We are challenging Mr. Chebukati to put his house in order and walk the talk of delivering in his own words free, fair and credible 2022 general elections that meets the democratic aspirations of the people of Kenya. He should desist from intimidating and blackmailing other equally responsible players in exercising their rightful duties by constantly misusing the media through press statements or otherwise.
As the DCI we pledge as ever before to be counted and depended on for the success and support beyond our call of duty.
GEORGE KINOTI
DIRECTOR OF CRIMINAL INVESTIGATIONS
23RD JULY 2022