DPP allowed in frozen lobby accounts case
What you need to know:
- Muslims for Human Rights and Haki Africa, based in Mombasa, had opposed the inclusion of the DPP in the case.
- The senior counsel did not oppose the inclusion of the Katiba Institute and human rights commission in the case. He said there was no legal basis to enjoin the DPP.
- Mr Muite also opposed an application by the Attorney-General, whom the petitioners have also sued, to have the case adjourned for four days.
The Director of Public Prosecutions has been allowed to participate as an interested party in a petition by two human rights groups seeking to have their bank accounts unfrozen.
Justice Anyara Emukule also allowed the Kenya National Commission on Human Rights and the Katiba Institute to be joined in the case as amicus curiae (friend of the court).
Muslims for Human Rights and Haki Africa, based in Mombasa, had opposed the inclusion of the DPP in the case.
The police allege the two are among organisations associated with Al-Shabaab.
RIGHTS GROUPS
The rights groups’ lawyer, Mr Paul Muite, submitted: “Nowhere in our petition are we seeking orders to stop the DPP from directing investigations.”
The senior counsel did not oppose the inclusion of the Katiba Institute and human rights commission in the case. He said there was no legal basis to enjoin the DPP.
Mr Muite also opposed an application by the Attorney-General, whom the petitioners have also sued, to have the case adjourned for four days.
He asked why the police rushed to publish a gazette notice listing organisations suspected of having links with Al-Shabaab.
Assistant DPP Alexander Muteti said they would demonstrate they had an interest in being enjoined.
Ms Wanjiku Mbiu, for the AG, told the court that she had been in contact with the police, who promised to give the instructions by Monday.
Ms Mbiu argued that it was necessary for the DPP to be and that they would oppose granting of the orders sought by the rights organisations. NIC Bank Ltd, which the lobbies dealt with, said it did not object to the inclusion of any parties in the suit.
The application by the prosecutor to take part in the case was because he has the powers to direct the IG to investigate any claim of crime.
Prosecution counsel Alice Mbaeh said the orders sought, if granted, would allow the two human rights groups to conceal the money in their accounts.
“The petitioners are being investigated for alleged financing of terrorism. No wonder their accounts are under scrutiny. The groups will forfeit the money in the accounts if investigations establish that they played a role in terrorism,” said Ms Mbaeh.
The Interior Cabinet secretary and Gulf African Bank Limited are also listed as respondents.
The case continues on Thursday.
