A CID detective has been accused of directing the arrest and prosecution of a director without following due process.
Corporal Samwel Wahome appeared before Justice Isaac Lenaola yesterday, where he was hard pressed to explain why he directed the arrest and prosecution of Edenswin Company Managing Director Erick Mwirigi on April 22, 2012.
Mr Mwirigi, whose firm deals with exportation of skins, hides and leather, filed a petition in 2014, claiming he was illegally arrested and charged with a Sh21 million fraud.
He said in court documents that police arrested him on April 21, 2012 at his home and took him to CID Headquarters.
The director said he was not given time to be heard before he was arrested and charged. He said he was charged with obtaining Sh21 million from a Chinese firm by falsely pretending that he was in a position to export skins and hides from Kenya to China, a fact he knew to be false.
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He was accused to have committed the offence on diverse dates between March 30 and November 3 2011 in Nairobi County.
Mwirigi said since he was charged, he suffered damages and loss as many investors withdrew from his company.
According to him, he has not been able to continue with his export business because a story where he was being labeled as a fraudster run in local dailies.
Mwirigi claimed he produced all the documents in court showing he exported the products to China between March and November 2011 but the magistrates failed to consider them.
"When I reached CID headquarters, my lawyer came with the judicial review papers that I had already filed in court but police refused to go through them," he said.
He added that the officers at the CID told him that the order was arrest and charge.
Mwirigi said he was not granted time to be heard or to produce his export documents for comprehensive and professional investigations into the business.
The director claimed that instead of investigating him first, the officers prosecuted him and later portrayed him as a fraudster.
"Their decision was made in violation of the law as it explains that no one should be prosecuted unheard," said Mwirigi.
Justice Leanola directed the main petition to be heard on April 14.