It has now emerged that CMC motors paid third parties including government officers some money in order to secure a deal to supply high end cars to several parastatals.
The Company line managers went ahead and denied a sales agent his commission of shs 1.8 million despite the agent securing the deals on behalf of CMC.
This is after the National Management Authority (NEMA), State department of Livestock, Ministry of Public Service, Youth and Gender Affairs and the National Industrial Training Authority (NITA) purchased several vehicles from CMC between 2017 and 2018.
The Sales agent has written several complaints to CMC demanding his commission.
The Agent had been appointed as a Spotter by CMC following his stellar performance as an employee and was later dismissed without being paid his commission.
A Spotter is an (Independent Sales Agent).
Through his lawyer Eddah Mwanyumba of Mwanyumba Kariithi and Company advocates, he has written a demand letter to CMC motors and copied it to the EACC.
The Agent wants the EACC to investigate why third parties who include some government officers were paid by CMC yet he secured the deals.
On 12th July 2019, his lawyer wrote back to CMC Motors after the car dealer wrote to her saying the Agent “did not close the deals “and was not entitled to any commission.
“Kindly note that our client actively followed this LPO from the State Department of Livestock from employment until the deal was closed. A highly unregulated and suspect payment was also paid to a third party between 2nd and 3rd April 2019 via RTGS in honor of invoice numbers 52 of 25th February 2019. In this respect, since he followed up the entire deal, it’s only reasonable that he is paid the commissions,” Lawyer Mwanyumba wrote to CMC Motors.
The lawyer wrote to CMC saying that Nzoia Sugar Company had paid CMC shs 10.7 million.
Lawyer Eddah added that Kasili;s job description as Spotter was to secure deals and not to follow up on clients to make their payments.
“Your appointment letter dated 27th April 2018 clearly states that payment will be based on commission per deal depending on the deal done. Nowhere in the letter does it state that payments had to be made in full before commissions were made,” Mwanyumba said.
According to the lawyer, the Agent send the original LPO to CMC, order number 11186 after the National Environment Management Authority (NEMA) purchased 6 Suzuki grand Vitaras and 2 Jimnys in 2017.
However he complained that CMC Motors issued cheque number 082308 to a third party as a commission.
“However, for reasons only known to you, your company went ahead and paid a third party (Mrs Anne Wanjiru ) who at a later date delivered a copy of the same LPO and paid the CPO an unregulated , highly suspect payment,” he said.
According to the Agent , some government employees formed proxy companies and CMC wired cash in these companies so that “it becomes difficult to trace,”
By the time of going to press, CMC Motors CEO for East and Sub Saharan Africa Noel Mabuma had not responded to our questions on if CMC Motors has a policy that rewards third parties by giving them commissions (bribes).
The Al Futtaim Group which CMC is part of- Human Resources Manager Hassan Tarraf did not also respond to our questions on what prompted the Sales Director Patrick Amenya to revoke the appointment of the Agent (Spotter) as opposed to the Group Human Resources Director.
We were unable to get his comment on what’s the Groups Policy in relation to handling Human Resources Matters.