Tatu City’s Stephen Jennings and Robert Reid were found culpable for fraud and abuse of the process of court, a fresh affidavit filed in a case in which local shareholders seek their prosecution states.
Lawyer Nelson Havi who has accused the DPP of being a stumbling block in the prosecution of Jennings and Reid for the mentioned culpability further states the duo pursued “extra judicial means” to alter shareholding and directorship before attempting to sell tracts of land to Daykio Plantations Limited.
“The Complaint by the 1st and 2nd Interested Parties(Jennings and Reid) dated August 3 2015 related to the claim made by Kofinaf Company Limited and Galba Mining Limited in HCCC No 230 of 2015…” the affidavit reads.
A decision made in the said HCCC No. 230 of 2015 on December 20 2016 determined that there can be no claim of trust over the shares of Purple Saturn Properties Limited or property Land Reference Number 11288 but during the pendency of the hearing of the application Jennings and co. mischievously pursued extrajudicial means to alter the shareholding and directorship of Purple Saturn and charge the property to the Co-operative bank of Kenya limited.
On October 6 2017 a decision was made in HCCC No 230 of 2015 in which Jennings and co. and their advocates were found culpable for fraud and abuse of the process of court in respect to their alterations and unlawful alienation of the property!
Havi states that a counter complaint lodged against him and lawyer Michael Osundwa concerning the property in question is an abuse of the administrative power at the behest of Jennings, Reid in light of the damning findings and subsequent court rulings.
“It is clear from the evidence tendered before court, as lately demonstrated by the two decisions… that the petitioners have not committed any criminal offence…and that any investigations conducted on the complaint of the 1st and 2nd (Jennings and Reid) interested parties is an abuse of administrative power by the IG, DCI and DPP at the behest of the interested parties.
Hearing of the petition is in January 2018.
The interested parties had initially intimated that they would file fresh evidence against the petitioners but by the time we posted this piece they had not.