Today's Headlines
- Declaring a Clear 'No' to the Parliamentary Bill on Abortion
- Govt Holds American Obama Critic
- Our Man in Washington Must Demand Dubya's Resignation
- 3,000 Evicted Squatters Appeal for New Homes
- Law Review Should Top House Agenda
- The Cutting Edge
- MPs Join Forces to Tackle Violence
- Mau Evictions - Follow the Law
- Children to Get Free Legal Services
- World Trade Organisation Shouldn't Be Allowed to Die
- Man Gets 20 Years for Rape
- Vital Pill for the Economy
- Three Killed As Gang Attacks Bar
- Karua Pushes for Overhaul of Poll System
- Protests As ECK Official is Promoted
- Website Blew the Whistle On Arms
- Ministry Working On Fuel Price Controls
- Economic Team to Be Expanded
- Government Cuts Power Tax
- 'Evil Tree' Turns Out a Saviour As Fuel Prices Bite
- Seafarers' Organisation Head Arrested for 'False Statements' On Arms Shipment Destination
- Threat to Pastoralists' Way of Life
- Local Businessman Locks Horns with Kenya Port Authority
- eA Portland Cement in Ksh One Billion Energy Drive
- Eight Back From Ethiopia Want Police Charged
- Despatches - Kenyans Will Be Kenyans
- Catholic University Urges States to Help Poor Youth
- No Respite for Champs Tusker And Gor Mahia
- Kenyan Refugees Want to Come Back
- Bogus Reporters Talk to Suspects
Business Daily (Nairobi)
May 13, 2008
Editorial Article
The decision by the Capital Markets Authority (CMA) to carry out a forensic audit on claims lodged by clients of troubled Nyaga Stockbrokers prior to payment is not only laudable, but healthy for Kenya's capital market.
In recent months, the local stock market has been treated to scenes of corporate fraud that led to the closure of two prominent firms -Nyaga Stockbrokers and Francis Thuo and Partners - and left investors counting huge losses.
These scenes have left the capital markets regulator with a blot on its credibility following claims that it did little to curtail the dealings of rogue traders masking as investment gurus.
Therefore, any action coming from the regulator geared at nipping in the bud the blatant corporate fraud at our local capital markets stands to instil confidence in a market that has been thrown into a crisis.
In this regard, we strongly believe that pre-emptive rather than reactive action by CMA would also act as a deterrent to the growing culture of impunity that has encouraged fraudsters to invade the market.
On Nyaga Stockbrokers, details emerging on the dealings of the stockbrokers after its placement under statutory managers on March 5, 2008 have been at odds with positions held before the appointment of the managers.
First was the underestimation of the claims, which are now expected to be within touching distance of Sh1 billion and is currently giving the statutory managers a headache on how to settle them.
Then, were claims that the broker had about 200,000 investors on its clients roll, which has since been revised to 124,000.
These conflicting positions point to fertile grounds for fraud and puts a strong case for the statutory managers to thoroughly verify and evaluate all claims before dishing out payments.
Already, memories are still fresh in the market how claims from collapsed stockbroker Francis Thuo and Partners, which closed shop last year, ballooned to about Sh180 million compared to the initial claims of Sh100 million.
This raises serious credibility issues now that the Nairobi Stock Exchange board is seeking for a separate audit on the payment process.
With the audit taking place after the payment process has been concluded, it's our take that the audit would unlikely lead to the arrest of the fraudsters or refunds on the overpaid claims should the probe expose any malpractices.
To avoid these pitfalls, it's in order for the capital markets regulator and the bourse to smoke out the fraudsters before they line their pockets with the illegal payments.


