BY SAM ALFAN.
High Court has declined to stop Director of Criminal Investigation from seizing M/S Web Tribe Limited trading as Jambopay servers.
Judge James Wakiaga directed the company to serve Director of Public Prosecution Noordin Haji and Director of Criminal Investigation George Kinoti.
This is after M/S Web Tribe Limited trading as Jambopay petitioned the high court to issue orders restraining the Director of Criminal Investigation from seizing or interfering with the company servers.
Jambopay is seeking to bar DCI George Kinoti from seizing , carrying and interfering with the servers containing the information and technology (IT) System for the provision of integrated revenue collection services and integrated technical and software services pending hearing and determination of the petition.
Jambopay argue that during the proceedings before the high court Anti-Corruption court in miscellaneous application Director of Public Prosecution and Director of Criminal Investigation threatened to illegally and unconstitutionally take over the information and Technology (IT) System for the provision of integrated revenue collection services and integrated technical and software services being intellectual property of the said company.
The company said DPP and DCI threat to seize , carry away and interfere with the servers containing the IT system of for the provision of integrated revenue collection services , if acted upon will constitute violation and infringement of the M/S Web Tribe Limited trading as Jambopay intellectual property rights.
“If acted upon, will be prejudice to the applicant’s contractual obligations to provide services to the National Insurance Fund (NHIF) under the ongoing contract for the system purchase provision of the integrated Revenue Management system (RFP/SSSM NO. NHIF/001/2017-2018),” say the company.
They claim DCI move will make it impossible for the Jambopay to comply with the Chief Magistrate’s court orders in ACC No. 48 of 2018, directing the company to continue providing services to National Hospital Insurance Funds (NHIF) under the on-ongoing contract for system purchase for provision of the Integrated revenue management system.
The company claim unless orders are issued restraining DCI through any of its agents or investigators from seizing , carrying away or interfering with the servers containing information and technology (IT) system, the company will suffer massive and unprecedented breach of intellectual property rights, privacy and the rights to provide commercial and corporate services for value , for which liquidated damages may not be adequate remedy.
“The petitioner have challenged the DCI and DPP actions and it is just proper that conservatory orders be issued to halts the real and imminent threat of violation and infringement of the Jambopay rights and freedom pending hearing and determination of this petition,” claim the company.
On 10 of December last year, M/S Web Tribe Limited trading as Jambopay directors were charged with the fraudulent acquisition of public property.
It was accused that between 15 of August 2014 and 31 of October 2018 in Nairobi County being directors of Web Tribe limited fraudulently acquired public property shillings one billion one hundred and three million, sixty thousand eight hundred and fifty three and eighty nine cents (Kshs. 1,103 ,060,853.89) from the National Insurance Funds.
Danson Muchemi Njunji is charged alongside other co-director Robert Mureithi Muna.
They pleaded not guilty and were released on a cash bail of 2 million each by Anti-Corruption court Chief Magistrate Douglas Ogoti.
The accused were restrained from interfering with the contract of information and Technology (IT) System for the provision of integrated revenue collection services and integrated technical and software services.
The company claim it has continued to corporate with the DPP and DCI by providing unlimited access to to the petitioners offices and documents relating to the contract of the integrated revenue collection services and the ongoing contract for system purchase for provision of an integrated revenue management system.
“This is despite the fact that the petitioner is deeply aggrieved by the decision of the DPP to prefer charges against it and has challenged the legality if the said decision,” claim the company.
In the company supporting affidavit by Director Danson Muchemi Njunji, they claim DCI had already conducted a search on the petitioner’s (Jambopay) officers and seized documents in respect to the contract for provision of integrated revenue collection services (Tender No. NHIF/001/2017-2018).
“Further to this, the respondent (DCI) were also granted access to the computer systems and services related to NHIF transactions which they copied into their data storage devices,” said Muchemi.
