A case in which four senior employees of Libya Oil Kenya Limited (OiLibya) are accused of criminal offences was reopened on Tuesday, a year after a magistrate court closed the file.
The accused persons appeared before Milimani Principal Magistrate Kennedy Cheruiyot and pleaded not guilty to two counts of breaking into a building at Juja road service station and stealing property worth Ksh. 1,530,000 on June 7, 2017.
The four include Joyce Nekoye Wanjala (territory manager), Nancy Waeni Mutune (Retail manager), Antony Mugo Muraya (Network manager) and Stanley Njoroge Marete (a contractor for Oilibya).
They are accused of stealing 10 units of CCTV system cameras worth Ksh.400,000, digital video recorders valued at Ksh.200,000, gas cylinders worth Ksh.200,000, lubricants valued at Ksh.500,000, car wash vacuum cleaners worth Ksh.30,000 and fuel estimated to be worth Ksh.200,000 — property of Maced limited.
The accused denied the charges and were directed to deposit a cash bail of Ksh.100,000 each to secure their release pending the hearing of the matter on September 18.
The case was re-opened after High Court judge Chacha Mwita declined to stop the fresh prosecution of the four as recommended by the Director of Public Prosecutions (DPP).
The judge, in his verdict, said evidence was insufficient for him to interfere with the decision by the DPP to recommend the prosecution of the four.
Justice Mwita observed that while the criminal case had been terminated lawfully, the DPP was not barred from preferring the same charges against them.
”For the court to interfere, the petitioners are required to satisfy the court that the DPP had exercised his discretion contrary to the law or abused his office,” Justice Chacha ruled.
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