, NAIROBI, Kenya, May 10 – The Director of Public Prosecutions (DPP) Keriako Tobiko has denied allegations that he is a stumbling block in a commercial dispute pitting foreign investors with their local counterparts over the ownership and control of the vast Tatu City business investment.
Through an affidavit, Tobiko urged the High Court to dismiss a request by former Central Bank of Kenya governor Nahashon Nyagah, 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 company.
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 accused the DPP of being swayed by a close associate, lawyer Ahmednasir Abdullahi who represents Stephen Armstrong Jennings and Robert Reid in the protracted court case.
They said that Abdullahi is seeking to delay their prosecution after the DCI already forwarded his findings and a recommendation for prosecution.
State counsel Edwin Okello, however, in a replying affidavit filed at the high court in defence of the DPP stated that the seeming delay was brought about by two conflicting findings that gave rise for the need for a further inquiry.
Initially, there was a recommendation to prosecute Nyagah, 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 Jennings and his associates.
“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,” Okello said.
He stated that the complaints in inquiry file number 77 of 2015 related 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 case is pending determination before Justice Joseph Ongutu.