, NAIROBI, Kenya, July 18 – The High Court has stopped Interior Cabinet Secretary Fred Matiangi from destroying gambling and betting machines pending the hearing and determination of a suit challenging it.
In their suit papers, Diana Muthoni Kamau, Geoffrey Theuri and DND Gaming Machines Ltd contend that the confiscation of their gaming machines during a crackdown was illegal and against the constitution.
“A declaration be issued to declare that the confiscation of the 1st and 2nd Petitioners’ gaming machines on 3rd July, 2018 was unlawful and violated Articles 27, 40, 47 and 50 of the Constitution,” they stated.
“A declaration be issued to declare that the rights and freedoms of the 3rd Petitioner – Geoffrey Theuri – enshrined in Articles 26, 27, 28, 29, 49, and 50 of the Constitution have been violated by his arrest on 3rd July, 2018 and subsequent release without any charges being preferred against him.”
Through their advocate Kibe Mungai, they argued that that at the time their erquipment were nabbed, they had a court order preventing such actions that was ignored.
They further stated that Matiangi acted illegally by ordering and carrying out the destruction of Three Hundred and Sixteen gaming machines in complete disregard of court orders in force.
“The Petitioners state that since the arrest and detention of the 2nd Petitioner and the confiscation of the 2nd Petitioner’s property the Respondents have not carried out or taken any concrete steps or genuine investigations in breach of their duties and in violation of the following provisions of the Constitution and law.”
They now want the High Court to order the release of the gaming machines before they are illegally destroyed.