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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