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Insider Trading in NSE.. Long way to go. :-(
Rank: Veteran Joined: 3/12/2010 Posts: 1,199 Location: Eastlander
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Mr Bernard Mwangi Kibaru, a former general manager with Uchumi Supermarkets, is all smiles after he was acquitted of insider trading charges. Chief magistrate Gilbert Mutembei said that the prosecution had failed to prove the case. ..should we expect similar outcome for Mr Terry Davidson et al on thursday? http://www.businessdaily...-/11nasvhz/-/index.html
..Let your light so shine before men, that they may see your good works, and glorify your Father which is in heaven...Matt5:16 - 1769 Oxford King James Bible 'Authorized Version
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Rank: Elder Joined: 11/27/2007 Posts: 3,604
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i thought there were figures on the shares traded, the prices and the exact match in prices for the trading in late may 2006 to nail these guys. African parents don't know how to say sorry.. the closest you will get to a sorry is a 'have you eaten'
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Rank: Veteran Joined: 2/10/2010 Posts: 1,001 Location: River Road
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Insider trading is only illegal when a person bases their trade of stocks in a public company on material information that the public does not know. Everyone knew Uchumi was technically insolvent and was on its death bed. The only difference IMHO was that some people were in a much better position to estimate the time of death. Question is did they have an obligation to inform other investors about Uchumi's estimated time of death. The only people who had a fiduciary duty to other investors were the directors. We should expect a similar outcome for Terry Davidson though am not too sure about Kirubi & co directors. Anyway the world is not a fair place and the sooner we know that the better. NSE ina wenyewe its not a fish market.
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Rank: Veteran Joined: 3/12/2010 Posts: 1,199 Location: Eastlander
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mkonomtupu wrote:Insider trading is only illegal when a person bases their trade of stocks in a public company on material information that the public does not know. Everyone knew Uchumi was technically insolvent and was on its death bed. The only difference IMHO was that some people were in a much better position to estimate the time of death. Question is did they have an obligation to inform other investors about Uchumi's estimated time of death. The only people who had a fiduciary duty to other investors were the directors. We should expect a similar outcome for Terry Davidson though am not too sure about Kirubi & co directors. Anyway the world is not a fair place and the sooner we know that the better. NSE ina wenyewe its not a fish market. There were suspicious trades within May 30th and 31st..and on June 1st Uchumi went down..suspicious on account of volumes as well as number of trades..this however is not what the cma took to court.. mr terry davidson.. is alleged to have traded in Uchumi shares on the strength of information he got by virtue of the bank being a lender to the chain ..Let your light so shine before men, that they may see your good works, and glorify your Father which is in heaven...Matt5:16 - 1769 Oxford King James Bible 'Authorized Version
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Rank: Veteran Joined: 2/10/2010 Posts: 1,001 Location: River Road
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But Terry Davidson was not a director of Uchumi he was only the CEO of uchumi's banker. Even if those allegations are true he still did not have any duty/obligation to inform the other investors that's the work of the directors. The key point is that the public knew from the company accounts that Uchumi was insolvent. What Terry & Co did was unethical but not illegal IMO. It would have been different if the directors told Terry they were going to pull the plug on 1st June and he went ahead and sold.
I think CMA should have a little creative in their investigations and done what SEC did with Martha Stewart by getting other charges like collusion, conspiracy etc.
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Rank: Member Joined: 5/27/2010 Posts: 324 Location: nrb
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Legal/ethical muddles. Without shortselling, nobody seems to have gained, they were only avoiding loss by bailing out(if that's a gain!).
On this issue of insidertrading where youre simply jumping out of sinking ship, how far are you expected to be your brother's keeper by sitting quiet so you sink with him. Would it help him for you to sink with him.
To you those better informed on this matter, educate us on what one is supposed to do. What was terry supposed to do? And Meraly jumped in then immediately realized things were very bad and jumped out. Does the regulations demand you shout out to others to also jump out?
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Rank: Veteran Joined: 3/12/2010 Posts: 1,199 Location: Eastlander
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alikujia wrote:On this issue of insidertrading where youre simply jumping out of sinking ship, how far are you expected to be your brother's keeper by sitting quiet so you sink with him. Would it help him for you to sink with him?
To you those better informed on this matter, educate us on what one is supposed to do. may be sit tight like some good ol' pilot and crash with the plane..or sink with your ship..or crash with ur bodaboda.. it'd be inhuman to jump of and let all who've put their trust in u crash and burn. ..Let your light so shine before men, that they may see your good works, and glorify your Father which is in heaven...Matt5:16 - 1769 Oxford King James Bible 'Authorized Version
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Rank: Veteran Joined: 6/2/2010 Posts: 1,066
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alikujia wrote:Legal/ethical muddles. Without shortselling, nobody seems to have gained, they were only avoiding loss by bailing out(if that's a gain!).
On this issue of insidertrading where youre simply jumping out of sinking ship, how far are you expected to be your brother's keeper by sitting quiet so you sink with him. Would it help him for you to sink with him.
To you those better informed on this matter, educate us on what one is supposed to do. What was terry supposed to do? And Meraly jumped in then immediately realized things were very bad and jumped out. Does the regulations demand you shout out to others to also jump out? You forget that as you bail out, you are essentially selling another Kenyan your lemon. As in, you know you are crashing but replace yourself with someone else. Can you imagine if it were you that he'd sold his shares to.
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Rank: Veteran Joined: 10/17/2008 Posts: 1,234
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Definition of the offence of Insider Trading: Section 32A of the Capital Markets Act:
32A.(1) No insider shall:- (a) either on his own behalf or on behalf of any other person, deal in securities of a company listed on any stock exchange on the basis of any unpublished price sensitive information; or (b) communicate any unpublished price sensitive information to any person, with or without his request for such information, except as required in the ordinary course of business or under any law; or (c) counsel or procure any other person to deal in securities of any company on the basis of unpublished price sensitive information. (2) Any insider, who deals in securities or communicates any information or consults any person dealing in securities in contravention of the provisions of subsection (1) shall be guilty of insider trading.
An "Insider" is defined as "any person who, is or was connected with a company or is deemed to have been connected with a company, and who is reasonably expected to have access, by virtue of such connection to unpublished information which if made generally available would be likely to materially affect the price or value of the securities of the company, or who has received or has had access to such unpublished information."
Clearly Terry Davidson (not just directors) could have been "insiders" contrary to what some have argued above.
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Rank: Chief Joined: 3/24/2010 Posts: 6,779 Location: Black Africa
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Davidson freed over claims of insider trading www.nation.co.ke/busines...46/-/v98b55/-/index.htmlGOD BLESS YOUR LIFE
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Rank: Veteran Joined: 3/12/2010 Posts: 1,199 Location: Eastlander
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CraPPP!!!! NKTmost! ABK!!http://www.businessdaily...0/-/ssrrw4z/-/index.html..Let your light so shine before men, that they may see your good works, and glorify your Father which is in heaven...Matt5:16 - 1769 Oxford King James Bible 'Authorized Version
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Rank: Veteran Joined: 2/10/2010 Posts: 1,001 Location: River Road
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[quote=ProverB] CraPPP!!!! NKTmost! ABK!!http://www.businessdaily.../-/ssrrw4z/-/index.html[/quote] It was expected. it's so frustrating how simple words mean something else legally speaking. I always feel so sorry about one uchumi shareholder a lady who sold her house in buru and sunk all the investments into uchumi on the advise of her broker. Morale of the story always research your stocks. If the company directors and the company accounts tell you that it's doing badly believe them!
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Rank: Veteran Joined: 6/2/2010 Posts: 1,066
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What does ABK stand for? I know it sounds silly that I do not know.
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Rank: Elder Joined: 6/23/2009 Posts: 13,520 Location: nairobi
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My 2 cents wrote:What does ABK stand for? I know it sounds silly that I do not know. Advance booking.. HF 90,000 ABP 3.83; KQ 414,100 ABP 7.92; MTN 23,800 ABP 6.45
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