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
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.