Fayaz Bakery business is a generational wealth business empire established since 1911 according to their website. Now a fourth generation era led by Mr. Mohammed Khansia Fayaz Bakery products are popular in Mombasa, Malindi and Lamu. To penetrate Nairobi market, it opened a branch on Lusaka Road-Industrial Area, South B, CBD Moi avenue, Magharibi Place. The bakery produces biscuits, cakes, pastries and ice cream.
But as customers enjoy their sumptuous cusines from the establishment, behind the scenes lies underworld operations of the firm directors led by Mohammed Khansia, the dominant owner of the franchise. Tax evasion, poor working environment, sexual harassment, child labour, infidelity, land grabbing are allegedly part of the management.
Not to forget is the fact that the tycoon openly boasts to influence court cases in his favour no matter how the odds are against him.
Landgrabbing
Fayaz for years has been linked to controversy surrounding Muduba beach landing site in Mombasa. Locals accuse Muduba front beach associated with Khansia of grabbing their land.
The landing site has been a public land for over 50 years but from nowhere, the tycoon using his influence compromised land officers to have it under his ownership.
Then president Uhuru Kenyatta, on November 19 2018 gave a decree that the landing site should remain as fishermen’s ground of operation and be issued with title deeds.
Landing sites fall under devolved units, but Madubaha Beach landing Sites Self-Help Group was blocked from accessing the site by the tycoon and were consequently given an eviction notice.
A case in relation to the matter was filed in Mombasa court by the oppressed.
Khansia claims he bought the land in 2008 and has been paying revenue to the county of Mombasa. What has surprised many is that former Mombasa governor and now mining CS Hassan Joho was against the tycoon’s operations of the landing sites. How Khansia bought the public land and from who remains a mystery and a case to be uncovered.
Khansia at one time is said to have compromised National Construction Authority to have its approval to build a mosque and a public recreational center.
Landing sites are areas on an ocean or lake shore where fishermen pack their boats and sometimes make sales after long periods of being in the water. The landing sites are known to provide markets and opportunities for small businesses, especially for women to make a living.
Court cases
Then came court cases. At one time, Abdi Mohammed and another sued Fayaz Bakers in Labour and Employment Court in Mombasa where Musa Mahamud was a second claimant in the case. The tycoon was respondent in the matter.
According to the court’s record, hearing was on January 14 2020 but was later adjourned to May 4 2020, where the claimant was ordered to pay costs of Sh2,000 before the next hearing date.
Records show that on May 4 2020, the suit was called out in court and that none of the parties was present.
According to the court’s record, no further action was taken towards prosecution of the suit until July 22 2021 when another application was filed. Sources say that during the said period of time, the tycoon was engaged in talks to have the case withdrawn.
The claimants were ready to proceed with the hearing on May 4 2020 but the court was not sitting then.
The claimants fixed the matter for hearing on May 23 2019, November 28 2019 and May 4 2020 and served hearing notices to the respondents.
Seen court’s record that state that after the tycoon compromised the claimants, he did not take any step towards prosecution of the suit from May 4 2020 to July 22 2021.
Aware of the under deals in the case, the court ordered the claimants to prosecute the suit herein within six months from the date of the ruling, failure to which the suit would stand dismissed.
It is important to note that the case was ruled with no appearance of claimant and respondent which raised eyebrows.
Child labour
That the bakery is involved in child abuse cases is manifested in High Court of Kenya petition Number 19 of 2014 between Mohamed Maalim and the state.
Maalim in court papers states that he was born in or about the year 1990.
He filed the petition in April 2014 when he was about 24 years of age. He is now about 25 years of age. He is of the age of maturity. He pleads he has from childhood worked at various organisations, mostly at bakeries, namely Fayaz Bakery as a child labourer in Mombasa on night shifts to avoid interaction with the police, after failing to secure a similar chance at Anglo-Swiss Bakery in Mombasa.
He says that he worked for Fayaz Bakers for an uninterrupted period between 1993 to December 24 2004. It is unlikely that the petitioner having been born in 1990 could be working uninterrupted as a three- year old child in 1993. Perhaps he could have been a child labourer from 2004, when he was 14 years or thereabout.
He attempted to obtain national identity card in 2001 but having been born in or about 1990, he was at 11 years, not qualified to obtain the card.
He claims to he was tossed around from his employer Fayaz Bakery, the chief of Old Town, Mombasa and to the Registrar of Persons where he was asked to partbwith Sh5000.
He was loaned a sum of Sh1500 which he paid and then he had his photograph and fingerprints taken and was consequently granted what he calls a “phony” waiting card which he says, he still possesses.
In 2009, as terrorism raged on in the country, employers became too scared, lest they are charged for harbouring a terrorist. While at Fayaz, in mysterious way, he got an NSSF card which would ordinarily be obtained upon production of a national identity card. But be it as it may, he also obtained NHIF card using the name of the brother of his adopted father, one Maalim Amri Kidiwa, called Mohamed Amri Kidiwa being in a game of a chance to get an identity card. Sources say that all this happened with the full blessings of Fayaz Bakeries top management.
Court documents show that in or about May 14 2013, Mohamed Ali Mohammed was advised by his adoptive parents to go back to their ancestral home to obtain an identity 1 banahoras referred to Vuga, kwale and where an application for an identity card was processed and he received another waiting card.
He was subsequently questioned by Criminal Investigations Officers officers why he had sought an identity card in Kwale while on his putative parents who were from Kikoneni, Msambweni were not involved in his seeking an identity card at Kwale.
Despite explanation that his some of his adopted brothers and sisters, including the chief of the area came from Kwale, he was denied. It is said that state security agencies had profiled him a terrorist suspect, more so, after he was spotted working at a shop based at Moi Airport Mombasa.
What surprised many were claims in his affidavit to force the state issue him with an identity card was that he is married to one Husna Alo Abdalla and is blessed with one child.
He further said that he abhors acts of lawlessness, riots, strikes, civil commotion and acts of terror or belonging to any prescribed outfit as Al-Shabaab or Al-Qaeda or the like.
In fact he stated, he belonged to a community based organization Istquama, responsible for mobilisation of young people to be engaged in productive activities and anti-drug addiction and abuse campaign, and was a responsible citizen.
In his petition dated April 4 2014 and filed on April 7 2014, the petitioner seeks the following orders
(a) a declaration that he is a citizen of Kenya by presumption and birth;
(b) That the government do issue the petitioner with an identity card;
(c) That the denial of the issuance of an identity card was an act of discrimination and violation of his unalienable rights as citizen of Kenya;
(d) That he be paid exemplary damages;
(e) Costs and interest.
Questions were asked who financed his move to sue the state. In the ruling, the judge claimed Maalim had raised one primary issue whether he is a citizen of Kenya by presumption of law and whether he had been discriminated against by virtue of denial of the issuance of identity card is a violation or infringement of his rights as a citizen of Kenya.
According to the judge, he claimed he had no parents, he neither knows his mother or father, but believes they were both Kenyans and that he was more like a baby who was allegedly dumped along Digo Road Mombasa, and grew up in the streets until he was taken in by the imam of the Konzi mosque, one Maalim Amri Kidiwa and his wife Mwanahamisi Amri Kidiwa, who was then in charge of the mosque.
He was taken by the said imam and his wife because he used to play with their sons and other worshippers. He says that apart from having meals at the imam’s house at Saragoza Mzizima area next to Coast General Hospital, he otherwise slept at the mosque until he commenced work as a child at various bakeries in Mombasa, and in particular Fayaz Bakers.
In short as per court case, Fayaz Bakers were involved in child labour which is a criminal act as per Kenyan law.
The judge directed Maalim to petition the various state agencies to get a national identity card with help of imam Kidiwa his wife Mwanahamisi.
Why Fazal exploited the suffering child to work at night duties clearly shows they have no human heart at heart.
In case of anything as he claims to be out to construct a mosque and the landing site, using the family evokes suspicious fortunes, as they could have educated the boy instead of child labour exploitation.
Tax Evasion
Our source with documents we have, further stated how the firm evades taxes by under stating goods produced when they are much higher.
Further, they only capture products sold and supplied to supermarkets like Naivas and Carrefour when local bakeries sales rarely feature KRA receipts more so, those ordered online are just delivered once payments done via Mpesa or bank transfers
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