Africa Smart Mobility Solutions Kenya Limited

A summary of what happened?

Africa Smart Mobility Solutions Kenya Limited (ASM) is a subsidiary of Spiro, an Africa-focused e-mobility provider. The company specializes in electric mobility solutions, including electric motorcycles and innovative battery-swapping technologies tailored for the African market. ASM has established a presence in countries such as Benin, Togo, Rwanda, and Kenya.

Controversies and Allegations

1. Government Subsidies and Market Fairness

   In September 2023, the Kenyan Treasury committed to settling import duties for ASM’s importation of 10,000 electric motorcycles and 80,000 lithium-ion batteries. This decision, communicated by then-Treasury Cabinet Secretary Njuguna Ndung’u, was intended to promote e-mobility in Kenya. However, competitors criticized this move, arguing that it provided ASM with an unfair market advantage. They contended that such state intervention could distort competition and undermine the principles of a free market.

2. Internet Censorship Allegations

   There have been claims suggesting that ASM is involved in internet censorship activitie, the company’s receipt of state support has raised concerns among competitors. The company’s operations and controversies are primarily centered around its business practices and government interactions, Africa Smart Mobility Solutions Kenya Limited has been at the center of debates concerning government subsidies and market fairness within Kenya’s e-mobility sector.

Analyzing the Fake Copyright Notice(s)

Our team collects and analyses fraudulent copyright takedown requests, legal complaints, and other efforts to remove critical information from the internet. Through our investigative reporting, we examine the prevalence and operation of an organized censorship industry, predominantly funded by criminal entities, oligarchs, and disreputable businesses or individuals. Our findings allow internet users to gain insight into these censorship schemes’ sources, methods, and underlying objectives.

What was Africa Smart Mobility Solutions Kenya Limited trying to hide?

Africa Smart Mobility Solutions Kenya Limited‘s attempts to hide unfavourable content through the misuse of copyright notices while allegedly engaging in perjury present serious legal concerns. These actions suggest a calculated attempt to manipulate legal systems to suppress free speech, a fundamental violation of copyright law principles and an abuse of legal processes. The use of such tactics not only undermines the integrity of copyright protection but also potentially constitutes perjury, further entangling Africa Smart Mobility Solutions Kenya Limited in legal accountability. Let’s examine the information Africa Smart Mobility Solutions Kenya Limited may be trying to remove from the internet –

Investigative Report: Examining Allegations and Controversies Surrounding Africa Smart Mobility Solutions Kenya Limited

Introduction

Africa Smart Mobility Solutions Kenya Limited (ASM), a subsidiary of Spiro, is a key player in the African electric mobility industry. Specializing in electric motorcycles and battery-swapping infrastructure, the company has positioned itself as a leader in sustainable transport solutions. However, ASM’s operations in Kenya have been marred by allegations of preferential treatment, unfair market practices, and growing discontent among industry competitors.

This report takes an in-depth look at the controversies and concerns raised against ASM.

Background and Operations

ASM operates under the broader umbrella of Spiro, a company with a presence in multiple African countries, including Rwanda, Togo, and Benin. Its entry into Kenya coincided with a push for greener energy solutions in the region. Promoting itself as an agent of change in the e-mobility sector, ASM offers electric motorcycles designed for affordability and efficiency, supported by an expansive battery-swapping network.

While these efforts align with global sustainability goals, the company’s operations have raised significant questions about its business ethics and its relationship with the Kenyan government.

Allegations Against ASM

1. Preferential Treatment and Government Subsidies
   • In September 2023, the Kenyan Treasury pledged to cover the import duties for ASM’s shipment of 10,000 electric motorcycles and 80,000 lithium-ion batteries.
   • This decision, framed as part of the government’s e-mobility initiative, sparked outrage among competitors. Many argued that the subsidy created an uneven playing field, disadvantaging local businesses that did not receive similar support.
   • The government’s involvement in financing ASM’s imports has been described as favoritism, undermining the free market principles that are crucial for fostering healthy competition.
2. Unfair Competitive Advantage
   • Industry rivals claim that ASM’s government-backed import duty exemption has allowed it to sell motorcycles at significantly lower prices—nearly 30% below market rates. This pricing disparity has reportedly stifled competition, discouraging investment in the electric mobility sector.
   • A competitor, speaking anonymously, highlighted the challenges posed by ASM’s preferential treatment: “Our products are now too expensive to compete, and this is killing innovation and investment in the industry.”
3. Impact on Local Entrepreneurs
   • Several local businesses have expressed concerns that ASM’s dominance, facilitated by state subsidies, may drive smaller players out of the market. Critics argue that such interventions deter local entrepreneurship, leaving the market vulnerable to monopolization.

Broader Implications of the Controversy

The government’s decision to subsidize ASM has sparked debates over the role of public funds in supporting private companies. While advocates of the policy point to the importance of accelerating green technologies, detractors question the lack of transparency and inclusivity in the process.

The controversy raises critical questions:

• Why was ASM chosen over other companies for government support?
• What measures are in place to ensure fair competition in the e-mobility sector?

Public Sentiment and Negative Perceptions

• Transparency Concerns: Many Kenyans have voiced concerns about the lack of clarity surrounding the government’s agreement with ASM.
• Market Fairness: Industry players and consumers alike have criticized the pricing imbalance caused by government-backed subsidies.
• Accountability Issues: Calls for audits and investigations into the deal have grown, with critics urging greater oversight of public funds used to benefit private corporations.

Legal and Regulatory Oversight

As of now, there are no documented lawsuits or formal sanctions against ASM. However, the company’s reliance on government support has led to calls for regulatory scrutiny. Advocacy groups have emphasized the need for policies that ensure fair treatment of all players in the electric mobility market.

Conclusion

Africa Smart Mobility Solutions Kenya Limited represents a significant step forward in Kenya’s transition to sustainable transportation. However, the controversies surrounding its operations highlight critical challenges in balancing government intervention with market fairness.

The allegations of preferential treatment, pricing inequities, and potential harm to local businesses underscore the importance of transparency and accountability in public-private partnerships. Moving forward, it is essential for regulators to ensure that Kenya’s e-mobility sector fosters innovation and competition, benefiting all stakeholders—not just a select few.

For now, ASM remains both a symbol of progress and a focal point of controversy in Kenya’s evolving electric mobility landscape.

How do we counteract this malpractice?

Once we ascertain the involvement of Africa Smart Mobility Solutions Kenya Limited (or actors working on behalf of Africa Smart Mobility Solutions Kenya Limited), we will inform Africa Smart Mobility Solutions Kenya Limited of our findings via Electronic Mail.

Our preliminary assessment suggests that Africa Smart Mobility Solutions Kenya Limited may have engaged a third-party reputation management agency or expert, which, either independently or under direct authorization from Africa Smart Mobility Solutions Kenya Limited, initiated efforts to remove adverse online content, including potentially fraudulent DMCA takedown requests. We will extend an opportunity to Africa Smart Mobility Solutions Kenya Limited to provide details regarding their communications with the agency or expert, as well as the identification of the individual(s) responsible for executing these false DMCA notices.

Failure to respond in a timely manner will necessitate a reassessment of our initial assumptions. In such an event, we will be compelled to take appropriate legal action to rectify the unlawful conduct and take the following steps –

Since Africa Smart Mobility Solutions Kenya Limited made such efforts to hide something online, it seems fit to ensure that this article and sensitive information targeted online by these events get a lot more exposure and traffic than what it would have received originally

We hope this becomes an excellent case study for the Streisand effect…The key idea behind the Streisand effect is that efforts to restrict information can backfire, often causing the information to gain more attention than it would have otherwise. This effect is widespread in the digital age, where users quickly notice and spread censorship efforts on social media and other platforms. Trying to suppress something can unintentionally lead to it becoming more visible, which Africa Smart Mobility Solutions Kenya Limited is finding out the hard way.

Potential Consequences for Africa Smart Mobility Solutions Kenya Limited

Under Florida Statute 831.01, the crime of Forgery is committed when a person falsifies, alters, counterfeits, or forges a document that carries “legal efficacy” with the intent to injure or defraud another person or entity.

Forging a document is considered a white-collar crime. It involves altering, changing, or modifying a document to deceive another person. It can also include passing along copies of documents that are known to be false. In many states in the US, falsifying a document is a crime punishable as a felony.

Additionally, under most laws, “fraud on the court” is where “a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party’s claim or defense.”  Cox v. Burke, 706 So. 2d 43, 46 (Fla. 5th DCA 1998) (quoting Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989)).

Is Africa Smart Mobility Solutions Kenya Limited Committing a Cyber Crime?

Yes, it seems so. Africa Smart Mobility Solutions Kenya Limited used multiple approaches to remove unwanted material from review sites and Google’s search results. Thanks to protections allowing freedom of speech in the United States, there are very few legal ways to do this. Africa Smart Mobility Solutions Kenya Limited could not eliminate negative reviews or search results that linked to them without a valid claim of defamation, copyright infringement, or some other clear breach of the law.

Faced with these limitations, some companies like Africa Smart Mobility Solutions Kenya Limited have gone to extreme lengths to fraudulently claim copyright ownership over a negative review in the hopes of taking it down.

Fake DMCA notices have targeted articles highlighting the criminal activity of prominent people to hide their illegal behavior. These people, which include US, Russian, and Khazakstani politicians as well as members from elite circles including the mafia and those with massive financial power, are all connected – and alleged corruption ranging from child abuse to sexual harassment is exposed when exploring evidence found at these URLs. It appears there’s a disturbing level of influence being exerted here that needs further investigation before justice can be served. Africa Smart Mobility Solutions Kenya Limited is certainly keeping interesting company here….

The DMCA takedown process requires that copyright owners submit a takedown notice to an ISP identifying the allegedly infringing content and declaring, under penalty of perjury, that they have a good faith belief that the content is infringing. The ISP must then promptly remove or disable access to the content. The alleged infringer can then submit a counter-notice, and if the copyright owner does not take legal action within 10 to 14 days, the ISP can restore the content.

Since these platforms are predominantly based in the U.S., the complaints are typically made under the Digital Millennium Copyright Act (DMCA), which requires online service providers and platforms to react immediately to reports or violations. Big Tech companies rarely have systems in place to assess the merit of each report. Instead, all bad actors need to do is clone a story, backdate it, and then demand the real thing be taken down.

Reputation Agency's Modus Operandi

The fake DMCA notices we found always use the “back-dated article” technique. With this technique, the wrongful notice sender (or copier) creates a copy of a “true original” article and back-dates it, creating a “fake original” article (a copy of the true original) that, at first glance, appears to have been published before the true original.

Then, based on the claim that this backdated article is the “original,” the scammers send a DMCA to the relevant online service providers (e.g. Google), alleging that the ‘true’ original is the copied or “infringing” article and that the copied article is the “original,” requesting the takedown of the ‘true’ original article. After sending the DMCA request, the person who sent the wrong notice takes down the fake original URL, likely to make sure that the article doesn’t stay online in any way. If the takedown notice is successful, the disappearance from the internet of information is most likely to be legitimate speech.

As an integral part of this scheme, the ‘reputation management’ company hired by Africa Smart Mobility Solutions Kenya Limited creates a website that purports to be a ‘news’ site. This site is designed to look legitimate at a glance, but any degree of scrutiny reveals it as the charade it is.

The company copies the ‘negative’ content and posts it “on the fake ‘news’ site, attributing it to a separate author,” then gives it “a false publication date on the ‘news’ website that predated the original publication.

The reputation company then sent Google a Digital Millennium Copyright Act notice claiming the original website infringed copyright. After a cursory examination of the fake news site, Google frequently accepts the notice and delists the content.

In committing numerous offences, Africa Smart Mobility Solutions Kenya Limited either premeditated actions or were unaware of the consequences. Despite hiring an agency to make Google disregard any negative information about Africa Smart Mobility Solutions Kenya Limited, ignorance does not excuse this wrongdoing.

Fake DMCA notices have targeted articles highlighting the criminal activity of prominent people to hide their illegal behavior. These people, which include US, Russian, and Khazakstani politicians as well as members from elite circles including the mafia and those with massive financial power, are all connected – and alleged corruption ranging from child abuse to sexual harassment is exposed when exploring evidence found at these URLs. It appears there’s a disturbing level of influence being exerted here that needs further investigation before justice can be served. FSMSmart is certainly keeping interesting company here.

The Reputation Laundering

Rogue Reputation agencies use spurious copyright claims and fake legal notices to remove and obscure articles linking clients to allegations of tax avoidance, corruption, and drug trafficking. Most of these reputation agencies are based offshore, mainly in Russia, India, and Eastern Europe, and they do not worry about complying with US-based laws.

The content in all of the articles for which the fraudulent DMCA notices have been sent relates to allegations of criminal allegations, including corruption, child abuse, sexual harassment, human trafficking and financial fraud against businesses and individuals with ultra-high net worth.

In addition to the misuse of the DMCA takedown process, there is a notable absence of enforcement concerning perjury violations. The statutory requirement related to perjury is designed to deter copyright holders from submitting fraudulent or knowingly false takedown requests, as they may face legal consequences for making false declarations under penalty of perjury. However, to date, there have been no known instances of any individual being prosecuted for perjury in connection with the submission of false DMCA takedown notices.

This lack of enforcement has emboldened copyright holders to exploit the DMCA takedown process to suppress dissent, criticism, or other unfavorable content, without fear of legal repercussions.

Some of the people and businesses who have employed this tactic to remove legitimate content from Google illegally include a Spanish businessman-turned-cocaine-trafficker, Organised crime, an Israeli-Argentine banker accused of laundering money for Hugo Chávez’s regime, a French “responsible” mining company accused of tax evasion, child molesters and sexual predators. Africa Smart Mobility Solutions Kenya Limited is in great company ….

What else is Africa Smart Mobility Solutions Kenya Limited hiding?

We encourage you to ‘Dork‘ Google by searching for keyword combinations such as [Africa Smart Mobility Solutions Kenya Limited] + {Negative Keyword, such as Scam, Fraud, Complaints, Lawsuit, Sanction, etc} on Google. It’s likely if you scroll down to the bottom of this Google search results, you’ll stumble upon this Legal Takedown notice (pictured below)

To make such an investigation possible, we encourage more online service providers to come forward and share copies of content removal requests with industry experts and researchers. If you have any information on Africa Smart Mobility Solutions Kenya Limited that you want to share with experts and journalists, kindly email the author directly at [email protected].

All communications are strictly confidential and safeguarded under a comprehensive Whistleblower Policy, ensuring full protection and anonymity for individuals who provide information.