NAIROBI, Kenya — Chinese investor and former founding director of Chuanshan International Mining Company, Han Ke, is demanding KSh110 million in damages from the mining firm over what he alleges was an elaborate scheme to remove him from the company while he was still alive.
Through his lawyer, Tonge Yoya, Han alleged that records were used to falsely present him as deceased, a development he claims was subsequently exploited to interfere with his ownership, directorship and business interests in Kenya.
Documents seen by news9.africa supported Han’s claim that records were used to indicate that he was dead, despite him being alive.
The documents form part of the material Han and his legal team are relying on in pursuing the dispute, although the circumstances surrounding their preparation and use remain subject to investigation and possible determination by the courts.
Han further alleged that individuals linked to Chuanshan International Mining Company colluded with corrupt officials within the immigration system to facilitate the purported declaration of his death.
Han’s legal team said the alleged death records were subsequently linked to disputed documents that were allegedly used to alter the company’s ownership and directorship records.
“Our client is alive, yet the system says otherwise,” Yoya said, describing the matter as an extraordinary dispute that raises serious questions about the integrity of Kenya’s public records and the protection of foreign investors.
According to documents presented by Han’s lawyers, questions were raised over the authenticity and circumstances surrounding documents allegedly used in changes to the company’s corporate structure. The legal team says the matter subsequently attracted the attention of relevant authorities.
Compensation for damages
Han is seeking KSh110 million as compensation for what he describes as financial losses, reputational damage, emotional distress, loss of business opportunities and other consequences arising from the alleged actions.
He is also demanding a public apology from Chuanshan International Mining Company, compensation for defamation and reputational damage, and restoration of his rights and status associated with the company.
A particularly significant demand is for the former company to be compelled to allow him to return to Kenya freely and without interference.
In the court papers, he argued that his ability to return to Kenya should not be restricted by what he describes as an unlawful corporate dispute involving his identity and business interests.
Han was among the founding figures associated with Chuanshan’s operations in Kenya and was involved in the development of a diatomite processing project in Baringo County.
The investment was presented as having potential to create employment and stimulate economic activity in the area, including through community development initiatives involving residents.
Han’s legal team said the company was involved in discussions surrounding a Community Development Agreement that was projected to support up to 1,500 jobs and establish an industrial park with activities extending into areas such as manufacturing and healthcare.
The company has also been associated with community initiatives, including the provision of solar panels and batteries to households with limited access to electricity.
The dispute therefore extends beyond a corporate ownership contest, with questions also emerging over the potential impact on communities connected to the investment.
Identity, reputation and investment dispute
For Han, the dispute is no longer simply a disagreement between business partners. He maintains that it concerns his identity, reputation, investments and ability to return to Kenya, where he has conducted business.
His lawyers are therefore seeking a comprehensive remedy that includes financial compensation, restoration of his reputation, a public apology and the restoration of his ability to return to Kenya without obstruction.
The allegation that immigration officials may have colluded with individuals associated with Chuanshan to record Han as deceased is among the most serious aspects of the dispute.
Han’s legal team is expected to rely on documentary evidence to substantiate its allegations, including records which, according to the documents reviewed by the journalist, indicate that Han was treated or recorded as deceased even though he remains alive.
If independently established, the allegations could trigger questions concerning possible violations of laws relating to fraud, forgery, corporate governance, immigration records and the protection of investors.
For now, however, the allegations remain subject to investigation and, where applicable, judicial determination.
Han maintains that he remains committed to his Kenyan business interests and wants the dispute resolved through lawful processes.
The controversy comes at a time when Kenya is seeking to attract greater foreign investment into mining and other strategic sectors. The outcome of the dispute could therefore have implications beyond Han and Chuanshan, particularly if questions about corporate records, investor protection and the integrity of government databases are formally tested before the relevant authorities or courts.
At the heart of Han’s case is a question with potentially wider consequences for Kenya’s investment climate: What safeguards exist to ensure that an investor cannot be removed from a company, stripped of his reputation or declared dead through allegedly fraudulent records while he is still alive?
The answer could shape not only Han’s legal battle with Chuanshan International Mining Company but also perceptions of Kenya’s ability to protect international investors and maintain confidence in its emerging strategic minerals industry.
Discussion about this post