Court thwarts German’s travel bid

BY BEAUTTAH OMANGA

A German millionaire facing bigamy charges in Kenya has lost his bid to have his passport released to enable him travel to his country for treatment.

Mr Paul Flach, 69, had moved to a Nakuru court asking for compliance of a High Court order that his passport be released to him unconditionally to enable him travel and seek medical attention. But on Friday, Nakuru Magistrate Joyce Komingoi rejected his application on grounds that the case that led to the High Court directive for the release of the passport was totally different from the one filed in Nakuru that saw him ordered to deposit the passport. "The case filed in Nairobi’s High Court was different from the matter before this court. The initial orders as issued still remain," ruled Komingoi.

Flach’s lawyer Alex Gatundu immediately sought the court’s permission to appeal the ruling, which was granted. Mr Gatundu had argued that his client had got a reprieve when the High Court issued the orders but expressed concern that the passport had not been released. In his judgement then, Justice Daniel Musinga while handling a different case involving Flach and another Kenyan woman, ruled that the German deserved medical attention at a place of his choice and that his passport be released to him immediately.

However, Flach’s estranged wife Jane Akoth who has sued him for bigamy opposed the release of the passport. She claimed through her lawyer Anthony Mukira that if allowed to leave the country, Flach would not return to face the charges against him.

Already another High Court Judge, William Ouko, had made a ruling that all sanctions issued to Flach be in force until the matter filed by Akoth was heard and determined.