A company director has sued a Nairobi resident magistrate, the Director Of Public Prosecutions, the National Police Service Commission and the Inspector General of Police, claiming he was unlawfully prosecuted.
Edenswin Traders Limited Managing Director Erick Mwirigi Mbaaru yesterday filed a suit before Justice George Odunga who certified the matter as urgent and ordered that the case be heard on January 6, 2015.
Mr Mbaaru claims he was arrested on April 21, 2012 at Home Land Hotel along Thika Road. He was directed to report to the Criminal Investigations Department headquarters for questioning.
He claims his lawyer presented judicial review and civil suit papers which he had filed against the police and the complainant to the police but they refused to consider them.
"The police said the order was arrest and charge. They went ahead and charged me with one count of obtaining money by false pretences," Mbaaru said.
He was accused that on diverse dates between March 30 and November 3, 2011 in Nairobi County, he obtained $205,363 (Sh21,768,475) from Wu Ji, in the pretext that he could export hides and skins from Kenya to China.
Mbaaru argues that the case ruined his business because he was labelled a fraudster. The petitioner also claims that he was not given the right to be heard and to produce export documents for investigations into international business dispute.
ulterior motives
He pointed out that he indeed exported the skins to China between March and November 2011.
"The State held all the export documents and my international business records so that they may prosecute me," he said.
The petitioner insists the Kenyan Government has violated his constitutional rights by unlawfully concealing his export records in order to charge him.
He claims to have exported one container with a total of 2,000 dozens of wet blue goat skins to Wu ji. Two more containers were exported in July 2011, with 2,000 dozens each.
"The decision to charge me was irrational, discriminatory and unconstitutional and it was an abuse of office and powers for ulterior motives," he said.
Mbaaru pointed out that he exported more containers during that period, and is now seeking compensation for losses that arose from defects in goods and services.
He seeks compensation for defective investigations of omission and trial by the respondents for total liquidated general damages amounting to Sh3.8 billion.
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The petitioner claims he needs compensation for loss of finances and international business deals worth millions of dollars, his dignity and international reputation.
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