OT-Morpho loses bid to stop DCI probe of its business

French technology firm Idemia Securities, formerly OT-Morpho, has lost its bid to stop the Directorate of Criminal Investigations (DCI) from investigating it for allegedly doing business in Kenya illegally.

High Court judge John Mativo ruled that the company’s fears that the DCI and the Director of Public Prosecutions (DPP) would infringe on its rights by carrying out investigations as recommended by Parliament were unfounded.

MPs on April 23 amended the report of the watchdog Public Accounts Committee on the audited accounts of the Independent Electoral and Boundaries Commission (IEBC) to declare that the electoral body’s contract with Idemia had violated the Companies Act.

The legislators censured the firm for entering into contracts related to the 2017 General Election with the IEBC without being registered in Kenya or having local operations as required by law, and asked the DCI to investigate the firm for the breach.

The French firm reckons that the law requiring foreign firms handling State contracts to register locally came three months after it secured the IEBC tender.

Justice Mativo said the DPP’s office acts independently and courts should be cautious in interfering with its mandate unless he is in breach of the Constitution.