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German fights his kids for Sh2b hotel : The Standard

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Papillon Bar and Resturant along the Mombasa-Malindi highway. [Kelvin Karani, Standard]
A German man wants the Mombasa High Court to restore to him shares in his hotel, which he alleges were illegally transferred by his two children when he was in prison.

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Wilfred Guenther Herbert Osser, 74, has sued his son, Ronny Patric Herbert Osser, and daughter, Jeanine Notalie Boehlig, for stealing and illegally transferring 78 per cent shares of Hanos K Ltd – a company that owns and runs the Papillion Hotel.
Mr Osser accuses his children of making and presenting forged papers to the Registrar of Companies while he was serving a 10-year sentence in Italy.
He wants Justice Patrick Otieno to declare that the process of changing the directorship and shareholding structure of Hanok K Ltd was unlawful and illegal.
“I pray the honourable court to issue an order compelling the Registrar of Companies to rectify the register and revert the shareholding and directorship as it was before 2005 when the register was altered unlawfully,” said Osser in a petition filed  in court on Friday.
Osser’s lawyer, Robinson Malombo, said the hotel, which is situated along the Mombasa Malindi highway, is worth Sh2 billion.
Shareholding structure
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The German alleges that in 2005, his children and one Gunfeid Gerlinde purported to alter the shareholding structure of Hanos K Ltd through unlawful means.
“The changes in the register were effected through illegal means. In particular, my children purported to transfer shares in the company without any valid resolution by the company or consent from the directors or valid share transfer documents,” Osser said.
He continued: “To the best of my knowledge, the company did not authorise any transfer of shares. I did not sign any documents transferring any shares to my children or my late wife and have never even seen such documents.”
Mr Malombo said the two siblings are currently out of the country and the Directorate of Criminal Investigations is seeking Interpol’s assistance to have them extradited to face fraud charges.
“Also expected to be charged is a senior counsel and an accountant who were involved in the fraudulent transfer,” said the lawyer.
Osser accuses his children of “seeking to benefit from an obvious criminal act”.
“They are unjustly enriching themselves at my expense yet I am an old man and this was my only investment of over 30 years,” he said.
Osser says he was invested in the company as the major shareholder.
“Before the forgery, I was a lawful shareholder and director in the company owning 78 per cent of shares. I was the one who incorporated the company in September 12, 1986.”
Osser says the original company shareholding comprised of himself, Festus Oganda and Hashuse with the ratio of 150: 1: 149 respectively.
He further says that in 1989, he gave 75 shares to his divorced wife (who is now deceased) after Hashuse died.
Osser says his signature in any of the documents presented to the Registrar of Companies was forged or otherwise obtained through unlawful means.
“It would not have been possible for me to sign any of the disputed documents as a director or as a shareholder of the company in 2005 as alleged because I left for Germany on March 1998 and returned in December 2009.”
The case is set for hearing on December 2.

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Related Topics
Papillon Bar and ResturantWilfred Guenther Herbert OsserRonny Patric Herbert OsserJeanine Notalie BoehligProperty row

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Tanzania’s earnings from agencies cause disquiet among EAC partners

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FRED OLUOCH

By FRED OLUOCH
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The East African Community needs to address the disproportionate gains that Tanzania gets from hosting most of the trading bloc’s agencies, particularly Dar es Salaam’s 73 per cent earnings from the $31.5 million annual average budget of the organs.

All EAC partner states contribute equally to the bloc’s budget through annual subscriptions.

A new report by the EAC secretariat has revealed that Tanzania earns $23 million from hosting five of the eight EAC organs, much more than Kenya, which earns $4 million, Uganda $3 million, Rwanda $1 million, and Burundi which receives $500,000.

The report, however, notes that Kenya gains the most from trade within the EAC, earning $38 million annually, followed by Uganda ($22 million) and Tanzania ($15 million).

Rwanda, Burundi and South Sudan make net losses from trading with the region, according to the draft report titled Equitable Sharing of Benefits and Costs of EAC Integration Process.

“Given the current reality and lessons from the former EAC community, which collapsed mainly as a result of unequal share of benefits, there is a need to share the costs and benefits in a fair and equitable manner for sustainability of the EAC Community which generates far more benefits than the costs,” states the draft report.

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It further states that provisions in the EAC Treaty such as equal contribution to the EAC budget “may no longer be sustainable given the huge differences in population size and GDP of partner states”.

The draft report, which is yet to be approved and adopted, proposes a review of the formulae for equitable sharing of costs and benefits.

Tanzania’s benefits from the five organs that it hosts come from local employment, rent income and supplies. The five are the secretariat, the East African Court of Justice, the East African Legislative Assembly, the East African Kiswahili Commission, and the Competition Authority.

Uganda hosts the East African Development Bank, the Lake Victoria Fisheries Organisation, the Inter University Council of East Africa, and the Safety Oversight Agency.

Kenya hosts the Lake Victoria Basin Commission, Rwanda the East African Science and Technology Commission and Burundi hosts the EAC Health Research Commission.

The study was commissioned after the EAC Council of Ministers at its 18th meeting held in Arusha on September 4, 2009, observed that to actualise the fundamental and operational principles of the EAC required equitable distribution of benefits accruing to or to be derived from operation of the Community.

The EAC secretariat, in an interview on Friday, insisted that the draft report is yet to be finalised and could not therefore publicly discuss its findings.
“This [the earnings by Tanzania] is the percentage of gains from hosting EAC organs and institutions only. It does not include gains from trade where Kenya benefits most,” said Aime Uwase, the EAC principal planning and research officer in a response.

Further studies are ongoing to quantify other benefits from hosting and implementing various protocol provisions under the Customs Union and the Common Market, according to Wilberforce Mariki of the EAC secretariat.

The EAC, initially made up of Tanzania, Kenya and Uganda, broke up in 1977 after the then-socialist Tanzania complained that capitalist Kenya was benefiting more than the other two partners.

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Other issues that caused the collapse included Kenya’s demand for more seats than Uganda and Tanzania in decision-making organs, and disagreements with Ugandan dictator Idi Amin who demanded that Tanzania as a member state of the EAC should not harbour forces fighting to topple his government.

The disparate economic systems of socialism in Tanzania and capitalism in Kenya also contributed to the fall.

Kenya had a more developed manufacturing sector than Tanzania and Uganda, resulting in large income transfers from Dar es Salaam and Kampala.

The report observes that regional integration, by its very nature, creates imbalances in gains if partner states do not take effective measures to maximise the prospective and potential benefits and minimise costs.

The overall objective of the study was to assess whether there is equitable sharing of costs and benefits of the EAC integration so far, and provide a remedial mechanism where possible.

The study suggested that EAC institutions and organs allocate jobs equitably and sustainably as per the Treaty provisions as integration deepens.

The study also suggested that job distribution should be proportional to partner states’ contribution to the EAC budget.

High profile and technical jobs should be competitively awarded, and others should be rotational and allocated on a quota basis.

The study suggests a review of the current system of equal contribution to the EAC budget by partner states, given that they are structurally different in terms of GDP, imports, exports to the region and population.

It suggests that partner states can contribute based on their capacity to pay as represented by GDP. This mode of financing has been successfully used by the Southern African Development Community, the African Union, the Caribbean and Pacific Group of States, and the Organization of American States.

Partner states with bigger economies and population are seen to benefit more, or the impact of integration could be higher in bigger economies than smaller ones. But sharing costs based on GDP remains a parameter that relatively satisfies the principle of solidarity, equity, balance and mutual benefit.

The partner states’ contribution to the 2018/19 total budget was $56,245,162 (56 per cent of the total budget) through the respective ministries of EAC Affairs ($50,227,920), the ministries responsible for education ($4,466,210) and ministries responsible for fisheries ($1,551,032).

Development partners will contribute $42,925,613 to the budget, and member universities will give $333,970. The miscellaneous revenue is pegged at $265,971.

The percentage contribution to the budget by EAC partner states has been increasing over time. It increased from 10 per cent in 2011/12 to 56 per cent in 2018/19.

The analysis of contribution per capita shows a big gap, from $0.94 (Burundi) to $0.19 (Tanzania).
As a result of reforms, trade within the EAC has increased. Intra-EAC trade was $1.7 billion in 2005, rising to $3.5 billion in 2013 and falling to $2.4 billion in 2017.

The report says the shrinking of trade among partner states since 2015 may be as a result of national production patterns becoming more similar, and movement of capital investments where products are manufactured locally.

The EAC intra-trade share is below 20 per cent, compared with the EU where it is 61.7 per cent. Among the members of the North American Free Trade Agreement, the share is 50.3 per cent and 24.3 per cent within the Association of Southeast Asian Nations.

The elimination of tariffs on intra-EAC trade led to an average annual loss of Customs duty of $1,689.07 million between 2013 and 2017.

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South Sudanese model Aweng Chuol marries girlfriend – PHOTOS – Nairobi News

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South Sudanese model Aweng Chuol got married to her fiancée Alexis only weeks after the couple got engaged.

An excited Aweng shared pictures from the colourful private wedding on social media to announce their matrimony.

The model was born at Kakuma refugee camp in Turkana before relocating to Sydney, Australia at the age of seven.

The 21-year-old New York-based model is a law student when she is not strutting the runways of the fashion capitals of the world.

Aweng took to her Twitter page to share a photograph of herself and her wife and captioned it, ‘Married my best friend today. I am. GEEKED’

The couple’s private matrimonial ceremony took place on December 12.

“We got married. We had three people in the room with us. And four people at the entire ceremony. It was for us. But wanted to share my happiness with y’all,” Aweng

Aweng announced her engagement to Alexis late last month.

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Just get married, fans tell Lupita Nyong’o and Trevor Noah – Nairobi News

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Lupita Nyong’o’s and her The Daily Show host “BFF” Trevor Noah has left fans with more questions than answers after Lupita shared captivating photos of the duo on her Twitter and Instagram pages.

Based on the photos Lupita posted on December 12, captioned “BFF (Best Friends Forever) tings on the Daily Show Tonight” on her twitter page, their fans are reading and demanding more from the stars.

Their fans are suggesting they consider getting married and hinting at how cute a couple they would make.

Fans of Lupita and Noah have been following the social lives of the two celebrities closely and noticed that in November Trevor posted a TBT celebrating his friend Lupita with a cute message:

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“When I look back on my favorite moments the smiles will without a doubt be from the friends that were there at each milestone along the way. Throwback to me and my dear friend @lupitanyongo backstage at my MSG show,” he posted on twitter.

Even then their fans didn’t let them get away with it easily:

Lupita was on The Daily Show, speaking about her role in the Star Wars: The Rise of Skywalker ahead of the release of the science fiction film where Lupita plays the character of Maz Kanata.

The Award Winning actress this week bagged another prestigious award following her role in an American horror film Us and was declared the best actress in the film released on March 22, 2019.

In the movie, she plays the role of Adelaide Wilson, a woman whose family is attacked by scary ghost-like characters resembling real people.

Lupita, who is the daughter of Kisumu governor Prof. Anyang’ Nyong’o, has been a sensation since she won the 2014 Oscar Awards for the Best Supporting Actress in the film 12 Years a Slave.

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