Director of Public Prosecutions, Keriako Tobiko who has denied being stumbling block in a case pitting foreign shareholders against their local counterparts over the ownership and control of the vast Tatu City business empire.
BY SAM ALFAN.
Director of Public Prosecutions, Keriako Tobiko has dismissed allegations that he has ‘clandestine interests’ in a case pitting foreign shareholders against their local counterparts in the Tatu city business empire row.
State counsel Edwin Okello, in a replying affidavit defended the DPP saying the apparent delay was brought about by two conflicting findings that gave rise to the need for a further inquiry.
Initially, there was a recommendation to prosecute Mr Nyaga, his lawyers and co-petitioners over alleged fraudulent transfer of shares and directorship of the Purple Saturn properties, the off-shoot of the giant Tatu City project which was effected by Havi and company advocates.
The recommendation was lodged in an inquiry file number 40 before a new file surfaced in inquiry file number 77 which then recommended the prosecution of Mr Jennings and his associates.
“I am aware that on March 14 the DCI raised the issue of two inquiry files, investigations are still on going and the DPP is yet to make a final decision regarding the matter,” Mr Okello says.
He said the complaints in inquiry file number 77 of 2015 relates to the presentation of alleged forged documents to the registrar of companies for change of shareholding and directorship in Purple Saturn Properties while inquiry file number 40 of 2015 relates to alleged fraudulent transfer of shares.
The recommendation in inquiry file no 77 of 2015 “is to charge the complainants in inquiry file number 40 of 2015 with the offence of making a false document while in inquiry file number 40 of 2015 the recommendation by the DCI is to charge the complainants in inquiry file number 77 with the offence of conspiracy to defraud contrary to section 317 of the penal code.”
DPP Tobiko has asked a trial court to also dismiss a request by former CBK governor Nahashon Nyaga, his lawyers and co-petitioners to have him compelled to give an appraisal of a recommendation for the prosecution of the foreign investors in the troubled firm.
The petitioners, including their lawyers Nelson Havi and Michael Osundwa, are equally challenging their prosecution in the matter after being linked to alleged fraudulent transfer of shares and directorship of a company under the Tatu city umbrella.
They had accused the DPP of indolence and acting under the duress of SC Ahmednasir Abdullahi who represents Mr Stephen Armstrong Jennings and Robert Reid in the protracted court case, to delay their prosecution after the DCI already forwarded his findings and a recommendation for prosecution.
He also said that Mr Nyagah, Mr Havi and their co-petitioners cannot be supplied with appraisals as they are criminal suspects in the case.
Regarding allegations that the DPP has been acting under the direction of Mr Abdullahi, the state counsel said the allegation made against the DPP are frivolous and only intended to scandalise and exert undue pressure on his office.
He also termed Mr Havi’s application mischievous saying that on April 7 when the day came for the hearing of the petition Mr Havi who is the first petitioner filed a notice of change of advocates thus effectively scuttling the hearing.
Mr Okello also said that equally the DPP cannot act on inquiry file number 40 since the parties obtained court orders barring him from prosecution until the petition they lodged at the high court were heard and determined.
.“It is self-evident that there are two inquiry files over the same subject matter, the said findings and recommendations partly arise from conflicting document examiners reports prepared by two different examiners, one in respect of inquiry 40 of 2015 and another in respect of inquiry 77 of 2015,” the affidavit reads.
The DPP cannot act on one file and leave out the other “as the two inquiry files are interrelated, it would not be possible to make a decision in one without the other,” Mr Okello states.
The DPP has since referred the two conflicting files to the Multi Agency Team on investigation and prosecution of corruption and economic crimes.
“I am aware that on March 14 the DCI raised the issue of two inquiry files , investigations are still ongoing and the DPP is yet to make a final decision regarding the matter,” Mr Okello says.
The case is pending determination before Justice Joseph Onguto.