Wednesday, August 1, 2018

Kebs supply firm directors seek to stop criminal case

Director of Public Prosecution Noordin Haji. Director of Public Prosecution Noordin Haji. PHOTO | JEFF ANGOTE 
The directors of Madras Security Printers Ltd, the company accused of colluding with senior Kenya Bureau of Standards (Kebs) managers to defraud the government Sh882 million have moved to stop criminal charges against them.
They have asked the High Court to suspend the proceedings at the lower court, arguing they competitively won the contract and delivered on its obligations.
The Director of Public Prosecutions (DPP) on June 25 preferred charges against eight directors of the firm who are Indian citizens but they failed to appear in court and consequently the magistrate court issued a warrant of arrest.
The directors are facing charges of fraudulently obtaining Sh882 million from the government pretending that they were in a position to deliver Kebs quality marks knowing that it was false.
“I verily believe that it is in the interest of justice that the decision to charge the applicants be quashed and the respondents be prohibited from proceeding with the proceedings pending before the chief magistrate,” says Raja Singh in documents filed on their behalf by lawyer Emmanuel Wateng’ula.
They have listed the DPP, Inspector-General of Police, Director of Criminal Investigations as respondents.
They further argue that the charges against them is a violation of public international law since they are foreign nationals with no control over the allegations made. The tender process complied with all procurement laws, they said, adding there was no evidence of the breach of procurement laws that has been advanced against them.
Further the directors say Madras Security Printers Ltd is one of the world largest high security printing companies with more than 1,000 employees.

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