It has emerged that the then Atul Shah led Nakumatt Holdings had lent its directors more than Sh1 billion in interest-free soft loans by the time it was placed under receivership.
This is according to an audit report by Parker Randall Eastern Africa for the year ended February 2018 on the then largest retailer in East and Central Africa that was placed under administration on January 22, 2018.
The auditor did not specify which individuals owe the company money, underlining the weak governance in the board of the former giant retail chain that owes banks, landlords and suppliers as much as Sh20 billion.
Nakumatt’s founder and former chief executive Atul Shah is among the two individuals listed as directors of the company as of the report date. The amounts owed by insiders, which did not attract interest charges, had dropped to Sh948 million as of February 2018, the period for which the latest financial records are available.
“Significant in this net balance is Sh948 million due from the directors. These receivables are not supportable based on the available evidence. The amounts due from a director are interest free. They relate to short-term advances through a current account,” reads part of the report.
The loans to the company’s directors are among a series of related party transactions amounting to Sh2.8 billion, which are unlikely to be recovered. Others include amounts claimed from subsidiaries in Uganda, Rwanda and Tanzania, which ceased operations. The administrator has written off Sh1.5 billion or 53 percent of the receivables, leaving a balance of Sh1.3 billion.
“There are no repayment plans for these balances; the companies frequently lend and borrow funds from each other,” the auditor said.
The audit report has exposed the loose governance at Nakumatt relative to other firms such as banks which in this set up, that bodied insider dealings and closely regulated them. It should be noted that there is a limit on the size of loans directors and employees of a bank can take in aggregate.
This insider loans fraud comes at a time when the retailer is crippled and is closing most of its remaining branches, making compensation for creditors even less likely. Mr Shah faces investigations over the loss of Sh18 billion worth of stock.
Nakumatt administrator Peter Kahi said a forensic investigator will probe why Mr Shah wrote off stock worth Sh18 billion in May 2018, before the company ground to a halt.
The High Court granted Nakumatt Supermarkets protection from its creditors, allowing the retailer to go into voluntary administration. The company sought protection using Kenya’s newly enacted company laws, which provide a path for distressed firms to avoid complete collapse. At its height, the company, which began life as Nakuru Mattresses, had more than 60 outlets across Kenya, Uganda, Tanzania and Rwanda.
