A Kenyan businessman has raised serious questions over the handling of his cargo after two 40 foot containers carrying machinery purchased in China were left stranded in Kenya following a dispute involving Kamaa, CEO of Top Sea Consolidators in Guangzhou.
The businessman, Amos Kibaru, says he approached Kamaa for a straightforward freight arrangement. His company had purchased machinery in China and needed the cargo shipped to Kenya.
According to Kibaru's account, Kamaa arranged the booking, after which the two containers were loaded and shipped. The dispute began after Kamaa requested payment for the freight.
Kibaru says he paid US$10,000, believing it settled the shipping charges. He says he then expected the Bill of Lading documents that would allow his company, Floor Décor Kenya Limited, to clear the machinery after it arrived in Kenya. Instead, Kibaru says he was confronted with a completely different situation when the containers arrived.
The businessman says he was notified by COSCO Shipping after the containers reached Kenya and was informed that the freight forwarder was claiming that the relevant shipping charges had not been paid. That left Kibaru questioning what had happened to the US$10,000 he says he had already paid.
Why should machinery belonging to his company remain trapped because of a dispute over other people's business dealings?
Here is his full post.
I am urgently seeking help from anyone who knows or has dealt with Kamaa of Top Sea Consolidators, Guangzhou, China 🇨🇳 — +86 195 8480 6495.
I trusted Kamaa with one simple assignment: to arrange freight for two 40-foot containers carrying machinery I had purchased in China. His role was purely to arrange the freight booking. The containers were booked, loaded and shipped.
When he requested payment for the freight, I paid him USD 10,000, believing that the shipping charges had been fully settled. He was then to send me the Bill of Lading documentation after receiving the payments which I would us to prepare for clearance of the cargo in Kenya. What happened afterwards has left me shocked and financially distressed.
When the containers arrived in Kenya and I received notification from COSCO Shipping, as the named consignee, I discovered that the freight forwarder was claiming that payment had not been made to them.
Even more disturbing, I am now being told that my two containers have become entangled in a wider dispute involving alleged debts arising from Kamaa’s other shipping and consolidation business. These are debts and private arrangements that I knew absolutely nothing about and was never a party to.
From the information now being given to me, Kamaa apparently works through a Chinese intermediary, Guangzhou Jieyun Supply Chain Co., Ltd., while another company, Qingdao Baihuaying International Freight Forwarder Co., Ltd., appears within the COSCO freight chain. I am further being told that credit arrangements may have existed between these parties and Kamaa in relation to other shipments connected to his consolidation business. If that is correct, then my biggest question is simple:
Why should machinery belonging to my company be held as security for private debts allegedly arising from business arrangements between other parties?
My shipping documents are very clear. The shipper is my machinery manufacturer, and the consignee is Floor Decor Kenya Limited. Kamaa is neither the shipper nor the consignee. Apart from introducing or linking me to the freight arrangement, there is nothing on my shipping documents showing that he owns this machinery or this consignment.
Yet today, I am watching two containers carrying expensive machinery belonging to my company sit at the port while demurrage and other charges continue accumulating every single day. What makes the situation even more frustrating is that COSCO Shipping in China and their agents in Mombasa appear to be distancing themselves from the dispute and referring me back to third-party forwarding agents, leaving me caught in the middle.
The painful part is that I have even offered to pay the freight again directly, despite already having paid USD 10,000, simply so that my machinery can be released. I never imagined that engaging someone only to arrange freight could leave me fighting to recover machinery that I purchased and paid for myself.
I am therefore urgently appealing to anyone who:
Knows Kamaa personally
Has dealt with Top Sea Consolidators
Has previously shipped cargo through him
Has dealt with these freight-forwarding companies
Or has any genuine information that may help resolve this matter
Please inbox me privately. This machinery represents a major investment for my company, and every additional day of delay is causing serious financial loss. If this matter cannot be resolved commercially, my final option will be to seek urgent intervention from the High Court of Kenya through its admiralty jurisdiction for protection and release of the cargo. Any genuine assistance, contact or useful information will be deeply appreciated.