Attorney General Paul Kihara Kariuki has declined to represent the Inspector General of Police, Hilary Mutyambai, and the Directorate of Criminal Investigations (DCI) boss, George Kinoti, in a petition filed by media mogul Samuel Kamau Macharia.
In what appeared as a departure from the norm, the AG and the police service failed to agree on one of the issues raised by the petitioner.
The AG opposed an application by SK Macharia seeking private prosecution of 14 individuals in a case involving loss of funds at an insurance company run by his late son, John Gichia Macharia, with the IG and DCI boss failing to oppose the same.
Macharia, in his petition, sought to institute private prosecution against 14 members over criminal offenses related to finances and shares of Directline Assurance Company, which belonged to Gichia.
The 14 were accused of fraudulently transferring shares of the company valued at Ksh4 billion between 2012 and 2018.
"The 14 intended accused allegedly involved in fraudulent transfers of shares in Directline Assurance Company Limited by some of the directors now listed as the intended accused," stated SK Macharia in court papers.
"The amount of money involved totals to over Ksh4 billion between 2012 and 2018."
The media mogul later sued the Director of Public Prosecutions, Noordin Haji, citing failure to prosecute the 14 accused despite reportedly having incriminating evidence against them.
Speaking to Kenyans.co.ke, a representative from the office of the Director of Public Prosecutions noted that the office was independent and would represent itself in the matter
Macharia also accused Haji of failing to execute his constitutional mandate as the DPP. Kinoti, Mutyambai, AG Kariuki were listed as respondents in the case.
Haji later responded to the issue via a letter dated March 18, 2021, informing IG Mutyambai that the ODPP could not establish a clear-cut crime to warrant the prosecution of the 14 intended accused.
Macharia, aggrieved by the circumstances, described the letter by DPP as an act of injustice against the applicants.
This led Macharia to file for private prosecution citing persistent frustrations by the ODPP in the case.
