Safaricom’s Loss of KES 1 Trillion, Occupational and Corporate Crime, and Lawsuit against DPP, DCI, and the Attorney General
I harbor no intention to comfort ignorance, validate any primitive mindset, nor lend credence to any savage weltanschauung.
Antony Kagirison
I am a noospheric person engaging in epistemic evolution; and this automatically means that I have to struggle against epistemophobes/gnosophobes, perennialists, willful frauds, and appointed (as well as self-appointed) guardians (and apologists) of vulnerable myths and ‘regimes of knowledge’. Fortuitously, the repertoire of well-engineered concepts, advances in philosophy, and relatively easy access to accumulated knowledge provide me with the intellectual armor in this struggle. In this instance, I use the developed legal system and the aforementioned intellectual armor to not only promote legal order, but also undermine paradigms that are damaging the financial market in Kenya. My goal is to contribute to the epistemic evolution of paradigms that ground existing legal and financial systems.
This post focuses on allegations that corporate crimes and occupational crimes have been committed, as well as describes the commission of state-corporate crime(s). Description of these allegations and crimes will allow the reader to understand why three distinct lawsuits will be filed in the courts.
The first lawsuit will be between me (the author) and the following parties: DCI, DPP, AG, and the IG of Police. The second lawsuit will seek damages estimated at Kenya Shillings (KES) 2 trillion from Safaricom PLC, and will not involve me nor Kagirison Research. However, I will be involved in the third lawsuit that will seek damages in excess of KES 3 trillion from both GoK and Safaricom PLC. There is also an ongoing KES 1.342 billion lawsuit against Safaricom and one of its key stakeholder, which is covered in this website.
The first lawsuit is described in full later in this post. The latter two lawsuits will be briefly described in this post, as well as how the third lawsuit is related to the first lawsuit.
Because these (3) lawsuits will offer an insight into corporate death penalty and how to avoid it, I will describe an actual case of an 168-year-old global bank that successfully avoided a corporate death sentence but suffered significant damages that reduced it to the brink of declaring bankruptcy. This bank was a source of national pride and had assets worth more than US$ 500 billion, but costly litigation expenses – which exceeded US$ 5 billion in 2017, mostly due to fraud cases – dimmed its prospects despite elite lawyering as is explained later.
Elite lawyering means finding legal ways to insulate wealthy corporate clients from accountability for profitable harms.
Delana Sobhani
Elite lawyering can be countered. The practices of postmodern jurisprudence and process philosophy allow for countering of elite lawyering, and will be used when necessary by me. Otherwise, I will deal with any lawsuit involving me, as well as any case brought against me, in propria persona.
White Collar Crime
In his work titled, The White-Collar Criminal – which was published in 1940 by the American Sociological Review – Edwin Sutherland described white collar crime as any “crime committed by people from respectable status in society in the commission of their occupation”. This description introduced white-collar crime into the legal lexicon through a process of cogent conceptual engineering. Likewise, it allowed for the development of the doctrine of responsible corporate officer (RCO).
The RCO doctrine allows for a high-ranking official in a corporation to be charged in court for a crime that occurred in her/her corporation even if (s)he has no knowledge of that crime or the perpetrators of that crime. The RCO doctrine is also called the responsible relation doctrine, and the two terms will be used interchangeably in this post. So, has the RCO doctrine been used to convict high-ranking corporate officials even if the court adduced that these officials had no knowledge of the crimes that occurred? The answer is yes as shown by the following convictions of two presidents of registered companies.
