Win for Bri­tam as Cy­tonn man­agers fail to halt case

Cy­tonn CEO Edwin Dande and three oth­ers failed to prove that a de­ci­sion by the DPP is ir­ra­tional or il­le­gal

Business Daily (Kenya) - - CORPORATE NEWS - Gal­gallo Fayo gfayo@ke.na­tion­media.com

Former Bri­tish-amer­i­can In­vest­ments Com­pany (Bri­tam) man­agers Edwin Dande (above), El­iz­a­beth Nailantei Nkukuu, Pa­tri­cia Njeri Wan­jama and Shiv Arora have lost a bid to stop their pros­e­cu­tion over al­leged ir­reg­u­lar trans­fer of funds from Bri­tam-af­fil­i­ated ac­counts to ri­val com­pa­nies.

Jus­tice John Ma­tivo yes­ter­day ruled that the man­agers have failed to prove that the de­ci­sion by the Di­rec­tor of Pub­lic Pros­e­cu­tion (DPP) is ir­ra­tional or il­le­gal or how their rights are in­fringed, not­ing that all grounds raised can be dealt by the trial court.

The four were in 2016 charged with the crim­i­nal of­fence re­lat­ing to theft by ser­vants for the sum of Sh1.1 bil­lion, which they con­tested in the High Court.

They told the court that they never ben­e­fited from the cash and that the is­sue has been re­solved af­ter Bri­tam and property de­vel­op­ment group Acorn and seven of its af­fil­i­ates reached a set­tle­ment.

“Ac­cord­ingly, I hereby dis­miss the ap­pli­cants no­tice of mo­tion dated Fe­bru­ary 3, 2017 with no or­ders as to costs and di­rect that Nairobi chief mag­is­trates crim­i­nal case num­ber 1735 of 2016 pro­ceeds to hear­ing and de­ter­mi­na­tion,” or­dered Jus­tice Ma­tivo.

The former man­agers claimed that the suit is meant to taint their im­age, ar­gu­ing that although civil suits were filed in the High Court the case has been set­tled and the cash in­volved re­funded.

But the Judge in his rul­ing noted that DPP made the de­ci­sion to charge the man­agers af­ter in­de­pen­dently re­view­ing the files for­warded to him and there­fore no is­sues of mal­ice or il­le­gal­ity has been demon­strated.

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