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DCI challenges bail granted to Ngirici’s brother over bad sugar
What you need to know:
Investigators say orders granted by Justice Lucy Gitari last week have hampered police from completing the investigations.
Justice Gitari granted the couple a Sh200,000 anticipatory bail following an application by their lawyer Ndegwa Njiru.
The court also stopped their arrest.
The Directorate of Criminal Investigations wants the High Court to lift orders stopping police from arresting Kirinyaga businessman Patrick Njiru Kuria and his wife Leah Njeri over sale of contraband sugar seized in Nairobi.
The case investigating officer Timon Melly, while challenging the court’s directive, said the orders granted by Justice Lucy Gitari last week have prevented police to complete investigations.
ARREST
Mr Kuria is brother to Kirinyaga Women Representative Wangui Ngirichi.
Justice Gitari granted the couple a Sh200,000 anticipatory bail following an application by their lawyer Ndegwa Njiru. The court also stopped their arrest.
“The applicants are not available to submit the required documentation which should assist the police in the investigations. It is only fair that the court orders the applicants to present themselves to Parklands Police Station in Nairobi,” said Mr Melly.
In response to the couple’s application, the officer said it is not correct the applicants are licensed to deal in importation of white and brown sugar as there is no proof tendered in court.
The response was filed yesterday by Office of Director of Public Prosecution through prosecution counsel Geoffrey Sitati, during mention of the case before Kerugoya chief magistrate Samuel Soita.
“The allegation by the applicants that the importation of 600 bags of sugar were certified by AFA sugar Directorate is not correct since there is no certificate from AFA supporting this assertion.in any event AFA has authority to grant authority to import and not certification as to fitness for human consumption,” said the officer.
KEBS
He stated that the entrepreneurs have failed to produce documentation to support their claim that the imported 600 bags were certified by Port Health Department.
He explained that the body mandated by law to certify food products for human consumption is the Kenya Bureau of Standards (Kebs).
He further denied that police are threatened the couple.
“On June 11 and 12, 2018 the applicants were together with the police when they gave an erroneous indication that they were going to assist police in investigating only to suddenly stop cooperating with the police. It is therefore not correct to allege harassment, humiliation and ill will,” said Mr Melly.
He also said police are not intending to violate the couple’s rights by probing the matter.
“The applicants are only speculating that they are likely to be arrested without furnishing court with good reasons to deserve the orders granted. Rights of suspects are protected under the constitution including the rights of arrested persons under Article 4 (a) of the constitution,” he indicated.
The detective further observed that the entrepreneurs committed the offence of dealing with substandard sugar within Kiambu County and would have filed the application in Kiambu or Nairobi High Court.
DETAIN
The entrepreneurs also filed a contempt of court application against police.
Their lawyer Ndegwa Njiru indicated that the Directorate Criminal Investigations Officer (DCIO) Parklands Police Station a Mr Chebii authorised his officers to arrest Ms Njiru and detain her in his office at the police station.
The lawyer said the move was in contravention of the court order that barred police from arresting Ms Njiru.
“The instruction was executed by one Corporal Kamwaro of DCI who ruthlessly arrested Ms Njiru at around 4.00p.m and unlawfully held her at the DCI office situated at Parklands Police Station for a period of over 15 hours,” indicated the lawyer in his application.
He said police refused to book Ms Njiru in the Occurrence Book despite insistence by her four lawyers who were all present and witnessed the whole episode.
Mr Njiru said the lawyers were not informed on the reason for the arrest.
“Later at around 9pm, she was abandoned at the MP Shah hospital where she had been taken ill following the unlawful and illegal arrest and confinement by the contemnors,” said the lawyer.
The hearing will be on July 18 at the High Court in Kerugoya.
