The hearing of the application by Royal Media Services Chairman Dr SK Macharia and the Directline Assurance Company began on Tuesday with the Attorney General opposing the application for private prosecution, and subsequently declining to represent the Inspector General of Police and the Director of Criminal investigations in the matter.
In what appeared to be a departure from custom, the Attorney General and the police have taken opposite sides with the Directorate of Criminal Investigations not objecting to the application for private prosecution.
Dr Macharia and Directline Assurance Limited are seeking private prosecution of 14 suspects whom the Director of Public Prosecution Noordin Haji had declined to prosecute despite what they termed overwhelming evidence against the suspects.
As the case began, the 14 intended accused applied to be heard and the applicants were directed to serve the 14 with the application. Dr. SK macharia and Directline Assurance have listed Janice Teresa Wanjiru Kiarie as the first accused and Victor Blasco Wijenje as the second accused.
•Harbor Capital Ltd
•Sure Invest Ltd
•Triad Networks Ltd
•Gordon Radier Were
•AKM Investments Ltd
•Stenny Investments Ltd
•Enid Muriuki –
•And Winnie Jumba who is listed as the 14th accused.
The charges against the 14 intended accused relate to the handling of shares and finances at the Direct Assurance Company Limited and criminal offences that date as far back as the year 2011.
The 14 intended accused allegedly engaged in fraudulent transfer of shareholding and monies amounting to over Ksh.4 Billion between the year 2012 and 2018.
Dr SK macharia and Directline Assurance company unsuccessfully lodged their complaints with the police and the DPP
The application for private prosecution has listed four respondents including Attorney General Kihara Kariuki, Inspector General of Police Hillary Mutyambai, Director of Public Prosecutions Noordin Haji and the Director of Criminal Investigations George Kinoti.
The applicants who include Dr. SK Macharia, Royal Media Services, Royal Credit Limited and Directline Assurance accused DPP Haji of partisanship and failure to exercise his constitutional mandate of prosecuting criminal offences.
The applicants have filed in court a trail of communication including a letter dated 18th of March 2021 in which the Director of Public Prosecution Noordin Haji informed the Inspector General of Police that the office of DPP could not establish a clear cut crime to warrant prosecution of the 14 intended accused.
Dr. SK Macharia and Directline Assurance described the letter by the DPP declining prosecution as an act of injustice against the applicants.
Dr. Macharia and Directline Assurance resorted to seeking private prosecution citing persistent frustration.
The alleged offences against the 14 intended accused revolve around three complains previously filed with the directorate of crimal investigations;
The first one is fraudulent transfers of shares in Directline Assurance Company limited by some of the directors now listed as the intended accused.
Secondly, theft of money belonging to the Directline Assurance Company Limited by some directors and their associated companies
And thirdly, obtaining money by false pretences by directors that allegedly bought apartments and land in the name of the Directline Assurance Company Limited.
The application for private prosecution seeks to establish eighteen counts relating to fraudulent transfer of shareholding, stealing of funds to the tune of billions and breach of the Insurance Act at the Directline Assurance company limited by the 14 intended defendants.
As the hearing began on Tuesday, the Attorney General filed a preliminary objection challenging the jurisdiction of the court. the matter will be mentioned on the 14th of September that is next week for further direction