OiLibya wants burglary case against top manager dropped
The office of the Director of Public Prosecutions (DPP) has has made an application before court to terminate a Ksh.1.5 million burglary and theft case against the Managing Director Libya Oil Kenya Ltd (Oilibya) Mr Duncan Ziyanai Murashiki alleging lack of adequate evidence.
A senior assistant director of public prosecutions James Warui communicated to the court through a letter dated January 23, 2018 that the criminal case arose from a civil dispute which led to termination of a business contract between the complainant company Maced Limited and Oilibya.
However, the complainant company, Maced Limited opposed the instruction to withdraw the case saying the action by the DPP’s office is unlawful and illegal as “the office of the DPP is vacant and no one has been appointed to discharge the duties of the DPP after the resignation of Keriako Tobiko who has since been a Cabinet Secretary.”
Lawyer Lewis Kyengo told Milimani court magistrate Onkwani that the instructions given by Mr. Warui are unlawful and should not be considered.
Mr. Kyengo said the rights of Maced Limited which had entered into a business contract with Oilibya to operate the petrol station and sell its products will be compromised as a criminal offence was committed.
“How can a charge that has not been pleaded be withdrawn,” Mr. Kyengo queried.
He added that the move is an affront to the rights of the complainant under Article 50(9) of the Constitution and Victim Protection Act, 2014.
He said there should be fare administration of justice and public interest demands that the accused do stand trial then evidence be led to determine their guilty or innocence.
Mr. Kyengo urged the magistrate not to exercise her discretion in favour of the accused. He urged her to decline the request by the DPP’s office to withdraw the case against the the accused under Section 87 (a) of the Criminal Procedure Code (CPC).
Ms. Onkwani asked the prosecutor Ms Addah Sega whether the office of the DPP had not made up its mind when it charged the accused.
Mr. Murashiki, is charged alongside Joyce Nekoye Wanjala (territory manager), Nancy Waeni Mutune Kwinga (retail manager), Antony Mugo Muraya (network manager) , Stanley Njoroge Marete (a contractor for Oilibya) and Libya Oil Kenya.
They are charged with breaking into Juja Road Service Station on June 17, 2017 where five padlocks valued at Ksh.12,500 were damaged.
They are also accused of breaking into the Juja Road Service Station from where they stole 10 units of CCTV system cameras worth Ksh.400,000, digital video recorders, 16 channels valued Ksh.200,000, gas cylinders valued over Ksh.200,000, lubricants, car wash vacuum cleaner valued at Ksh.30,000 and fuel all valued at Ksh.1.5 million the property of Maced Limited.
They denied the charges and are out on bond. The court will deliver a ruling on March 15, 2018.