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Rank: Elder Joined: 4/22/2010 Posts: 11,522 Location: Nairobi
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Pesa Nane wrote:whiteowl wrote:Gatheuzi wrote:@muchr, this is very informative. So it means @Horton aka Henry Ngati Nugi, is the one who manipulated the market to cause an artificial rally helped by Standard Investment Bank.
And now he has been found calpable and all he is required to do is remit back the capital gains of 374K. Standard Investment Bank will pay 9K as illicit commissions received from Henry and pay a penalty of 760K.
Thanks for the action Mr. Regulator. Same guy now drumming support for Cytonn. Not saying anything bad is going to happen but I'll watch it from a safe distance. And BD was telling us that the rally was caused by sky rocketing sales of spices.Totally hogwash! Soko la hisa... possunt quia posse videntur
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Rank: Chief Joined: 1/3/2007 Posts: 18,101 Location: Nairobi
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murchr wrote:Horton is Henry Ngati Nugi wrote:sold out at 170-178 like 2-3weeks ago. CMA Report wrote:Henry Ngati Nugi:
Undertaking a purchase of 1,000 and 4,500 Kenya Orchards shares on 25 April and 15 August 2014 at Kshs. 6.55 and Kshs. 10.50 respectively and subsequently selling the same mainly in lots of 100 shares at progressively increasing prices of between Kshs. 11.50 and Kshs. 190 on diverse dates between 20 August 2014 and 24 October 2014, and thereby occasioning an artificially induced market price rally, leading other participants in the market to purchase the security on the mistaken belief that the “inflated price” reflected a true value for the underlying company contrary to the provisions of Section 31 (7) (e) of the Capital Markets Act.
Conducting subsequent sales of Kenya Orchards shares in lots of 100 at progressively increasing prices of between Kshs. 11.50 and Kshs. 190, whereby as the party dominating sale of the shares, played a critical role in determining the prevailing price for the shares on diverse dates between 20 August 2014 and 24 October 2014, causing an increase in the price of securities with the intention of inducing other persons to purchase securities in the company contrary to the provisions of Section 32F (1) (a) of the Capital Markets Act
Enforcement Action
• Disgorgement of all the capital gains earned amounting to Kshs. 374, 926.75 pursuant to Section 11 (3) (cc) (i) and Section 25A (2) of the Capital Markets Act • An Enforcement directive to ensure that the amount of disgorged profits amounting to Kshs. 374,926.75 is paid to the Investor Compensation Fund Bank Account; • A Freeze Order on the Investor’s CDS Account in accordance with Section 11 (3) (t) and (u) of the Capital Markets Act effective until the disgorged amounts are fully settled. Quote:Standard Investment Bank Effecting and thereby facilitating numerous transactions in the CDS account of an Investor who was selling Kenya Orchards Ltd shares and leading to increasing prices contrary to the provisions of Section 31 (5) of the Capital Markets Act.
Playing a dominant role as the selling broker of Kenya Orchards Ltd shares on behalf of an investor who undertook trades which led to the price rally of the shares contrary to Regulation 24 (d) of the Capital Markets (Licensing requirements) (General) Regulations.
Enforcement Action • Pursuant to Section 11 (3) (cc) (ii) and Section 11 (3) (w) of the Capital Markets Act, a disgorgement order over the illicit commissions amounting to Kshs. 9,004.93. • A financial penalty pursuant to Section 25A (1) (a) (vi) of the Capital Markets Act amounting to Kshs. 758,858.43. • A regulatory caution pursuant to Section 25A (1) (a) (i) of the Capital Markets Act to ensure that it maintains due regard for its obligations under the provisions of the capital markets regulatory framework on market manipulation; • An enforcement directive under section 11 (3) (i) of the Act that the firm conducts an independent systems audit to establish the status of compliance of their Operating Trading System with their regulatory framework; and submit the System’s Audit Report to the Authority.
Why should the CMA punish the seller for the STUPIDITY of a buyer who buys shares based on an increasing price instead of doing some basic research! PER? PB? Growth? NAV? Industry? Let the stupid buyers get burnt. This was not a new issue. The management/board had no issued any false statements. There was no false/fake/misleading IM like KQ, Uchumi and Mumias. Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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VituVingiSana wrote:murchr wrote:Horton is Henry Ngati Nugi wrote:sold out at 170-178 like 2-3weeks ago. CMA Report wrote:Henry Ngati Nugi:
Undertaking a purchase of 1,000 and 4,500 Kenya Orchards shares on 25 April and 15 August 2014 at Kshs. 6.55 and Kshs. 10.50 respectively and subsequently selling the same mainly in lots of 100 shares at progressively increasing prices of between Kshs. 11.50 and Kshs. 190 on diverse dates between 20 August 2014 and 24 October 2014, and thereby occasioning an artificially induced market price rally, leading other participants in the market to purchase the security on the mistaken belief that the “inflated price” reflected a true value for the underlying company contrary to the provisions of Section 31 (7) (e) of the Capital Markets Act.
Conducting subsequent sales of Kenya Orchards shares in lots of 100 at progressively increasing prices of between Kshs. 11.50 and Kshs. 190, whereby as the party dominating sale of the shares, played a critical role in determining the prevailing price for the shares on diverse dates between 20 August 2014 and 24 October 2014, causing an increase in the price of securities with the intention of inducing other persons to purchase securities in the company contrary to the provisions of Section 32F (1) (a) of the Capital Markets Act
Enforcement Action
• Disgorgement of all the capital gains earned amounting to Kshs. 374, 926.75 pursuant to Section 11 (3) (cc) (i) and Section 25A (2) of the Capital Markets Act • An Enforcement directive to ensure that the amount of disgorged profits amounting to Kshs. 374,926.75 is paid to the Investor Compensation Fund Bank Account; • A Freeze Order on the Investor’s CDS Account in accordance with Section 11 (3) (t) and (u) of the Capital Markets Act effective until the disgorged amounts are fully settled. Quote:Standard Investment Bank Effecting and thereby facilitating numerous transactions in the CDS account of an Investor who was selling Kenya Orchards Ltd shares and leading to increasing prices contrary to the provisions of Section 31 (5) of the Capital Markets Act.
Playing a dominant role as the selling broker of Kenya Orchards Ltd shares on behalf of an investor who undertook trades which led to the price rally of the shares contrary to Regulation 24 (d) of the Capital Markets (Licensing requirements) (General) Regulations.
Enforcement Action • Pursuant to Section 11 (3) (cc) (ii) and Section 11 (3) (w) of the Capital Markets Act, a disgorgement order over the illicit commissions amounting to Kshs. 9,004.93. • A financial penalty pursuant to Section 25A (1) (a) (vi) of the Capital Markets Act amounting to Kshs. 758,858.43. • A regulatory caution pursuant to Section 25A (1) (a) (i) of the Capital Markets Act to ensure that it maintains due regard for its obligations under the provisions of the capital markets regulatory framework on market manipulation; • An enforcement directive under section 11 (3) (i) of the Act that the firm conducts an independent systems audit to establish the status of compliance of their Operating Trading System with their regulatory framework; and submit the System’s Audit Report to the Authority.
Why should the CMA punish the seller for the STUPIDITY of a buyer who buys shares based on an increasing price instead of doing some basic research! PER? PB? Growth? NAV? Industry? Let the stupid buyers get burnt. This was not a new issue. The management/board had no issued any false statements. There was no false/fake/misleading IM like KQ, Uchumi and Mumias. Its the law.....the buyers are already burnt. They are holding monkeys CMA Act 31:7 wrote: (7) No person shall, directly or indirectly, in connection with the purchase or sale of any security— (a) employ any device, scheme or artifice to defraud; (b) engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person;
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore .
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Rank: Veteran Joined: 8/30/2007 Posts: 1,558 Location: Nairobi
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@Gatheuzi/Maka/sparklyet al, thanks for giving me all the attention 😂😂😂
@muchr I am not Henry whatever as sparkly correctly pointed out ....(ati local airline) never tell a rubani that "hi ndege yako ni kidogo sana" even if it is indeed a 2 seater Cessna😂😂😂😂
@whiteowl quite frankly, if you understood my statement(s), I wasnt drumming up anything, I was simply telling wazuans my opinion. I have been in this market now for 15 years having made profits and lost money too, that should count for something. Again, take my opinion if u wish, or dont, entirely at your discretion. I think that was the spirit of this forum exchange ideas....dont u think so?!?! Whether u buy shares in a particular company or not is entirely at your prerogative, whether u want to "watch from afar" makes no difference to me. I just posted my thoughts....period!
@Gatheuzi, Please stop making silly statements. Its quite sad to see an investor of your caliber spreading petty rumours. I was at the right place at the right time. if you saw my earlier posts, someone was selling 1400 shares i think at 10bob and I just bought. This was way before they even went anywhere near 10% on top of what I bought these.
@VVS agreed, willing buyer willing seller.
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Rank: New-farer Joined: 9/12/2014 Posts: 31
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Classic case of daylight market manipulation that took CMA two good years to crack a whip; http://www.mangsblog.com/?p=37
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Rank: Elder Joined: 6/23/2009 Posts: 13,507 Location: nairobi
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Wazua knew about the crooks years ago HF 90,000 ABP 3.83; KQ 414,100 ABP 7.92; MTN 23,800 ABP 6.45
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Rank: Veteran Joined: 4/16/2014 Posts: 1,420 Location: Bohemian Grove
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obiero wrote:Wazua knew about the crooks years ago The guy who was playing the market is a Wazuan
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Rank: Elder Joined: 6/23/2009 Posts: 13,507 Location: nairobi
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whiteowl wrote:obiero wrote:Wazua knew about the crooks years ago The guy who was playing the market is a Wazuan It must be.. A crooked rally happened two years ago.. Corruption has been found and it's payback time HF 90,000 ABP 3.83; KQ 414,100 ABP 7.92; MTN 23,800 ABP 6.45
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