DPP and SK Macharia Court Battle Over The Fate of 14 Directors

The Director of Public Prosecutions Noordin Haji is yet to reach common ground with Royal Media Services owner SK Macharia in a twist over the prosecution of 14 directors of the Direct Line Insurance.

This comes after the DPP opposed Macharia’s move to privately prosecute 14 directors of the vehicle Company over the alleged fraudulent transfer of sh 4 billion shares, a move that pushed the RMS owner to move to court.

Mr Macharia accused the DPP of partisanship in the exercise of his mandate and lack of professionalism after failing to prosecute the case in line with the advice of the Director of Criminal Investigations (DCI).

According to Macharia, the DCI in December recommended that the directors are charged with criminal offences and an in an application filed by Kamau Kuria Company Advocates, SK Macharia, Royal Media Services, Royal Credit Limited and Directline Assurance have accused the DPP of partisanship and failure to exercise his constitutional mandate of prosecuting criminal offences.

However, the DPP has petitioned the court to dismiss the case and let Mr Macharia pursue a civil case against the directors arguing that a review of evidence established that the dispute is a civil suit linked to ownership and directorship of Directline Assurance.

Through senior prosecution counsel Celestine Oluoch, Mr Haji noted that there was no criminal culpability on the part of those recommended for prosecution.

”The court should dismiss Mr Macharia’s case “in totality to safeguard the Constitution, uphold the rule of law and preserve the public interest”.he said.

The DPP further told the court that the issues in contention were directorship and shareholding of Directline Assurance, a row beyond the mandate of the public prosecutor and will result in misuse of office.

This will see another conflicting ownership battle between Mr Macharia and the Insurance Regulatory Authority (IRA) for control of Direct Line Limited.

Mr Macharia moved to court seeking to prosecute, among others, Janice Teresa Wanjiru Kiarie, Victor Blasco Wijenje, Janus Ltd, Harbor Capital Ltd, Kevin McCourt, Sure Invest Ltd, James Gacoka and Triad Networks Ltd.

They were accused of fraudulent transfer of shares in Directline Assurance Company, theft of money belonging to the Directline Assurance and obtaining money by false pretences by directors that allegedly bought apartments and land in the name of the Directline Assurance.