SK Macharia private prosecution hearing set for September 7
An application by media mogul Samuel Kamau (SK) Macharia and three companies seeking private prosecution of 14 directors of Directline Assurance Company over offences relating to shares and finances at the company will now be heard on September 7.
Macharia filed the application through lawyer Gibsom Kamau Kuria at a Nairobi Magistrate court accusing Director of Public Prosecutions (DPP) of failing to prosecute the 14 directors despite overwhelmined evidence against them collected by the Director of Criminal Investigations.
He filed the application alongside Royal Media Services, Royal Credit Limited and Directline Assurance.
Intended accused persons are Janice Teresa Wanjiru Kiarie, Victor Blasco Wijenje, Janus Ltd, Harbor Capital Ltd, Kevin McCourt, Sure Invest Ltd, James Gacoka, Triad Networks Ltd, Gordon Radier Were, AKM Investments Ltd, Stenny Investments Ltd, John Maonga, and Enid Muriuki.
In their application, Macharia and the three companies want the court to issue a summons or a warrant to compel the attendance of the 14 before the court for plea taking and trial.
They have drafted 18 counts which they intend to charge the suspects with.
They include fraudulent transfer of shareholding, stealing of funds to the tune of billions and breach of the Insurance Act at the Directline Assurance Company Limited.
The alleged offences revolve around three complaints previously filed with the DCI.
The complaints were in regards to; fraudulent transfer of shares in Directline Assurance Company Limited by some of the directors now listed as the intended accused, theft of money belonging to the Directline Assurance Company Limited and obtaining money by false pretenses by the said directors.
In the application for permission to prosecute the intended accused, Macharia and the two others claim the prosecution of the 14 will save the economy, and the insurance industry from dangers foreseen in 2009 as arising from concentration of share ownership in fewer than four shareholders who would control it and receive dividends.
They say it will promote the stability of the state by ensuring that impunity does not take root in Kenya; they accuse the Director of Public Prosecutions as not respecting the vision of Kenya, which is captured by the following passage from a US Supreme Court decision.
