This archive report was first published on 2 December 2019.
December 2, 2019 - In a bid to avoid prosecution, Daniel Manduku, the Managing Director of the Kenya Ports Authority (KPA), has filed an application at the Mombasa High Court seeking interim court orders to stop his arrest and prosecution over alleged involvement in fraudulent activities.
Senior Counsel James Orengo, representing Manduku, argued that the Director of Criminal Investigations (DCI), the Director of Public Prosecutions (DPP), and the Inspector General (IG) should be restrained from instituting criminal proceedings against Manduku until the petition is heard and determined.
According to Orengo, Manduku is not seeking to stop investigations from proceeding to their conclusion, but rather wants the court to protect him from what he terms as malicious, illegal, discriminatory, and selective investigations.
The KPA MD has accused the DCI of conducting investigations against him and other port managers over the execution of projects that had been authorized by Cabinet Secretaries and other state's multi-agency teams.
Mr. Manduku also wants the DCI and the DPP stopped from issuing press statements that are adverse, improper, and inaccurate about the ongoing investigations, arguing that these agencies are maliciously putting forward a hostile media campaign against him that is inclined at making him look guilty.
Justice Ogola declined to grant Manduku's prayers, instead certifying the matter as urgent and directing that both parties be served. The hearing is scheduled for Monday, December 2, 2019.