Interior Cabinet Secretary Fred Matiang'i was barred from destroying gambling and betting machines which are imported from China, pending the hearing and determination of a suit challenging it.
Petition papers from Diana Muthoni Kamau, Geoffrey Theuri and DND Gaming Machines Ltd contend that the confiscation of their gaming machines during a crackdown was illegal and against the constitution.
The suit stated: “A declaration be issued to declare that the confiscation of the 1st and 2nd Petitioners’ gaming machines on 3rd July 2018 was unlawful and violated Articles 27, 40, 47 and 50 of the Constitution.”
It further read: “A declaration be issued to declare that the rights and freedoms of the 3rd Petitioner – Geoffrey Theuri – enshrined in Articles 26, 27, 28, 29, 49, and 50 of the Constitution have been violated by his arrest on 3rd July 2018 and subsequent release without any charges being preferred against him.”
[caption caption="Security officer arrange some of the unlicensed gambling machines they impounded from various places"]
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Through their lawyer Kibe Mungai, the three argued that at the time their equipment were nabbed, they had a court order preventing such actions that were ignored.
They further stated that Matiang'i acted illegally by ordering and carrying out the destruction of 316 gaming machines in complete disregard of court orders in force.
“The Petitioners state that since the arrest and detention of the 2nd Petitioner and the confiscation of the 2nd Petitioner’s property the Respondents have not carried out or taken any concrete steps or genuine investigations in breach of their duties and in violation of the following provisions of the Constitution and law,” their petition read.
They further asked the High Court to order the release of the gaming machines before they are illegally destroyed.
CS Matiang'i had earlier vowed not to relent in the crackdown on gambling machines in the country.
[caption caption="Security officer arrange some of the unlicensed gambling machines they impounded from various places"]
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He maintained that the machines had destroyed the lives of children and families as parents get 'robbed' by the children who need money for gambling.
"This business is destroying the lives of our children. Some of them are not going to school. Let us stop pretending. We must stand up and call sin by its name for the sake of our children," the CS stated.
