NAIROBI, Kenya, Sept 2 – The Directorate of Criminal Investigations (DCI) is investigating offences allegedly committed by two city lawyers Nelson Havi and Michael Osundwa involving changes in the shareholding and directorship of Purple Saturn Properties, a firm connected to former Central Bank of Kenya (CBK) Governor Nahashon Nyagah.
Justice Mumbi Ngugi was told on Wednesday that criminal charges have however not been lodged against the lawyers.
The Office of the Director of Public Prosecutions (DPP), through Ashomosi Shitambasi, told the court that the matter is still under investigation and that any criminal charges will be preferred once the DCI has made its recommendations to the DPP.
The two lawyers have in a pre-emptive measure moved to court to challenge their prosecution after being invited to record statements.
Lawyer Patrick Lutta, appearing for the two lawyers, said the intended prosecution relates to a civil suit in which they acted in their professional capacity.
“Any proposed criminal charges will contravene their fundamental rights to a fair trial and administrative action and would amount to an abuse of the legal process,” Lutta said.
Senior Counsel Ahmednasir Abdullahi successfully applied for the enjoinment of the two complainants, Rendeavour Services Ltd and businessman Stephen Jennings, to participate as interested parties. He said he required 14 days to file a replying affidavit and grounds of objection.
In their petition, Havi and Osundwa said they were instructed by Purple Saturn, between February 24 and March 3, to change its ownership and management and duly informed the Registrar of Companies about the restructuring of the firm.
The lawyers are under investigation for conspiring to defraud Kofinaf Company Ltd of Sh5 billion worth of shares in Purple Saturn Properties Ltd. The offence was allegedly committed between June 13 and August 3.