@BusinessDaily

Reprieve for OiLibya boss in burglary case

2 months ago, 11 Oct 14:14

By: Richard Munguti

Libya Oil Kenya (Oilibya) general manager Duncan Ziyanai Murashiki has obtained orders stopping the Director of Public Prosecutions (DPP) Noordin Haji from prosecuting him over burglary and theft of Sh1.5 million property from a petrol station.

Mr Murashiki, a Zibambwean national, was granted the temporary reprieve alongside four others by the High Court.

Mr Murashiki and four other employees of Libya Oil Kenya Limited are opposing the DPP's June 3 directive they be prosecuted urgently over burglary, theft and malicious damage to property at Juja Service Station along Thika Road managed by Maced Limited.

The four are Ms Joyce Nekoye Wanjala (territorial manager), Ms Nancy Waeni Mutune Kwinga (retail manager), Mr Antony Muraya Mugo and Mr Stanley Marete.

They also face a charge of unlawfully damaging five door padlocks valued at Sh12,500.

The six filed a petition seeking a conservatory order prohibiting the DPP and the Inspector-General of Police (IG) from prosecuting them over the break-in.

They told Lady Justice Pauline Nyamweya they had been discharged earlier in March 15, 2018 over the same offence under Section 87 (a) of the Criminal Procedure Code (CPC) pending the outcome of an arbitration cause pitting Maced and Libya Oil Kenya.

Rights violation

Mr Murashika says the directive by the DPP they be tried anew is a violation of their rights.
The DPP and Maced’s lawyer Lewis Kyengo say in defence “a discharge is not an acquittal. The accused can be tried on account of the same facts.”

Inspector John Mwiti for DPP says the petition to bar the case has been filed in bad faith, is misconceived and an abuse of the court process geared to defeating justice.

Maced’s director Kenneth Njeru Mugane says Libya Oil Kenya Limited, in a letter dated June 14 2017, acknowledges having illegally entered into the service station where they removed property before appointing and installing a new dealer.

“The illegal act of breaking into and stealing property from the service station transcended the contractual relationship and became a plain criminal act as opposed to a breach of obligations in the business agreement between Maced and Libya Oil Kenya Limited,” Mr Mugane says in his affidavit filed in court.

Criminal trial

He is opposing the case to block the criminal trial of the oil company employees.

Justice Enock Chacha Mwita extended the order staying the prosecution of the accused and directed all the parties to file all the evidence.

The case will be heard on December 18.


Read More


Category: business markets news opinion economy lifestyle

Suggested

10 hours ago, 10:41
@CITIZENTV - By: Citizen Reporter
Safaricom customers affected after Mshwari outage

Safaricom subscribers affected after the telecommunications company experienced what they termed as a 'technical hitch' with the Mshwari service. ...

Category: topnews news business
3 hours ago, 17:34
@BusinessDaily - By: Afp
China's ZTE loses major German mobile contract

Chinese telecoms giant ZTE lost its biggest contract in Germany ...

Category: business news
7 hours ago, 13:18
@BusinessDaily - By: Bonface Otieno
Regulator cuts fuel prices in Dec review

Fuel prices have gone down in the latest review for December by the energy regulator. ...

Category: business markets news
10 hours ago, 10:28
@BusinessDaily - By: Joseph Wangui
Taxpayers to pay Sh3.5m damages for REA trespassing

The Rural Electrification Authority unlawfully entered the lands, felled trees and installed high voltage electric lines ...

Category: business markets news
9 hours ago, 11:07
@BusinessDaily - By: Philip Muyanga
Moi airport's solar system seeks to reduce plane emissions

At the moment, planes use machines (auxiliary power units) powered by jet fuel or ground power units fuelled by diesel ...

Category: business news
13 hours ago, 07:36
@BusinessDaily - By: Reuters
Nigeria files $1.1bn London lawsuit against Shell

London ...

Category: business news

@BusinessDaily

Reprieve for OiLibya boss in burglary case

2 months ago, 11 Oct 14:14

By: Richard Munguti

Libya Oil Kenya (Oilibya) general manager Duncan Ziyanai Murashiki has obtained orders stopping the Director of Public Prosecutions (DPP) Noordin Haji from prosecuting him over burglary and theft of Sh1.5 million property from a petrol station.

Mr Murashiki, a Zibambwean national, was granted the temporary reprieve alongside four others by the High Court.

Mr Murashiki and four other employees of Libya Oil Kenya Limited are opposing the DPP's June 3 directive they be prosecuted urgently over burglary, theft and malicious damage to property at Juja Service Station along Thika Road managed by Maced Limited.

The four are Ms Joyce Nekoye Wanjala (territorial manager), Ms Nancy Waeni Mutune Kwinga (retail manager), Mr Antony Muraya Mugo and Mr Stanley Marete.

They also face a charge of unlawfully damaging five door padlocks valued at Sh12,500.

The six filed a petition seeking a conservatory order prohibiting the DPP and the Inspector-General of Police (IG) from prosecuting them over the break-in.

They told Lady Justice Pauline Nyamweya they had been discharged earlier in March 15, 2018 over the same offence under Section 87 (a) of the Criminal Procedure Code (CPC) pending the outcome of an arbitration cause pitting Maced and Libya Oil Kenya.

Rights violation

Mr Murashika says the directive by the DPP they be tried anew is a violation of their rights.
The DPP and Maced’s lawyer Lewis Kyengo say in defence “a discharge is not an acquittal. The accused can be tried on account of the same facts.”

Inspector John Mwiti for DPP says the petition to bar the case has been filed in bad faith, is misconceived and an abuse of the court process geared to defeating justice.

Maced’s director Kenneth Njeru Mugane says Libya Oil Kenya Limited, in a letter dated June 14 2017, acknowledges having illegally entered into the service station where they removed property before appointing and installing a new dealer.

“The illegal act of breaking into and stealing property from the service station transcended the contractual relationship and became a plain criminal act as opposed to a breach of obligations in the business agreement between Maced and Libya Oil Kenya Limited,” Mr Mugane says in his affidavit filed in court.

Criminal trial

He is opposing the case to block the criminal trial of the oil company employees.

Justice Enock Chacha Mwita extended the order staying the prosecution of the accused and directed all the parties to file all the evidence.

The case will be heard on December 18.


Read More

Category: business markets news opinion economy lifestyle

Suggested

10 hours ago, 10:41
@CITIZENTV - By: Citizen Reporter
Safaricom customers affected after Mshwari outage

Safaricom subscribers affected after the telecommunications company experienced what they termed as a 'technical hitch' with the Mshwari service. ...

Category: topnews news business
3 hours ago, 17:34
@BusinessDaily - By: Afp
China's ZTE loses major German mobile contract

Chinese telecoms giant ZTE lost its biggest contract in Germany ...

Category: business news
7 hours ago, 13:18
@BusinessDaily - By: Bonface Otieno
Regulator cuts fuel prices in Dec review

Fuel prices have gone down in the latest review for December by the energy regulator. ...

Category: business markets news
10 hours ago, 10:28
@BusinessDaily - By: Joseph Wangui
Taxpayers to pay Sh3.5m damages for REA trespassing

The Rural Electrification Authority unlawfully entered the lands, felled trees and installed high voltage electric lines ...

Category: business markets news
9 hours ago, 11:07
@BusinessDaily - By: Philip Muyanga
Moi airport's solar system seeks to reduce plane emissions

At the moment, planes use machines (auxiliary power units) powered by jet fuel or ground power units fuelled by diesel ...

Category: business news
13 hours ago, 07:36
@BusinessDaily - By: Reuters
Nigeria files $1.1bn London lawsuit against Shell

London ...

Category: business news
Our App