Pattni's relief as court stops Goldenberg case

 

Justice Joseph Mutava (right) confers with judicial officers in this file photo. President Kenyatta has suspended Justice Mutava and formed a tribunal to investigate his conduct May 30, 2013  NATION

 

By RICHARD MUNGUTI  and PAUL OGEMBA 

Businessman Kamlesh Pattni was a happy man Friday after a magistrate terminated the multi-billion Goldenberg case facing him.

Chief magistrate Kiarie Waweru Kiarie officially discharged Mr Pattni and former Kenya Commercial Bank general manager Elijah arap Bii after he was served with a High Court order quashing the Sh5.criminal case on March 25, 2013.

“I have read the High Court order prohibiting this court from proceeding with the Sh5.8 billion theft case against Mr Pattni and Mr Bii. This court complies with the order and proceeds to terminate the case in accordance with the order issued by Mr Justice Joseph Mutava on March 25, 2013,” ruled  Mr Kiarie Friday.

However, state prosecutor Warui Mungai said the Director of Public Prosecutions Keriako Tobiko will appeal the decision.

“I have been furnished with the court order signed by the Deputy Registrar of the High Court quashing the criminal case against Mr Pattni and Mr Bii. We have, however, indicated that we shall appeal against it,” Mr Mungai told the court.

The order was served by Mr Pattni's lawyer Bernard Kalove.

Mr Pattni, beaming with joy, thanked God for "seeing me through the fight for justice".

In his judgement, Justice Mutava prohibited the DPP, the Attorney General, the Police and the Chief Magistrate Court from continuing with the prosecution of Mr Pattni or any of his companies over the 1990-1992 Goldenberg transactions.

"The protection of a person accused of any criminal conduct as afforded by the Constitution of Kenya must be observed. All persons in Kenya whether innocent or guilty are equal before the law," said the judge.

The businessman had urged that his constitutional rights have been breached due to the 20-year inordinate delay in concluding the case.

“This court finds that Pattni’s and Bii’s fundamental rights and freedoms guaranteed in the Constitution have been violated by the State in several respects and on this ground and only on this ground prohibitory orders against the State are issued," directed Justice Mutava.

"This effectively brings to an end any current or future criminal proceedings against the applicant (Pattni) and Mr Bii (the interested party) arising from or in any way connected to the Goldenberg affair or Bosire Report.”

The court observed Mr Pattni had settled the claim which led to the criminal case by reverting ownership of the Laico Regency Hotel to the government.

Mr Pattni had named the Attorney General (AG), the DPP, the Commissioner of Police and the Chief Magistrate, Nairobi Law Courts as the defendants.

The DPP and the AG had urged the court to dismiss Mr Pattni’s plea saying the case was of great public interest.

"At last freedom has come my way after spending all my youthful years fighting for it," said Mr Pattni.