Ports boss loses court bid to stop his prosecution

Kenya Ports Authority Managing Director Daniel Manduku suffered a setback after his application seeking temporary orders stopping his arrest and prosecution based on investigations and recommendations of the police was dismissed.

Dr Manduku wanted the temporary orders restraining the Director of Public Prosecutions, Inspector General of Police and the Directorate of Criminal Investigations from arresting and charging him pending hearing and determination of his petition.

However, Dr Manduku got a reprieve after Justice Eric Ogola directed that he deposits a Sh500,000 cash bail pending arrest should it happen during the the hearing of his petition.

This means the KPA boss can be arrested and prosecuted, but is protected from spending a night in the police cells.

“Every Kenyan should be arrested with dignity, Dr Manduku can be arrested if the DPP wishes, he is not a suspect. He fears his arrest is imminent, am persuaded to release him on bond or bail pending arrest,” said Justice Ogola sitting at the High Court in Mombasa.

The cash bail which he is expected to deposit within the next two days will last until such a time when he appears in court to face charges, should they be preferred.

Justice Ogola also prohibited the police (IGP and DCI) and the DPP from releasing to the media any adverse reports against Dr Manduku.

The Judge further ruled investigations relating to corruption are not limited to the Ethics and Anti-Corruption Commission and that police can investigate and have their file handed over to the DPP.

“Investigations by the DCI and recommendations cannot be faulted as having not been carried out by EACC,” said Justice Ogola.

Justice Ogola further ruled that there has not been any violation of the petitioner’s right because he had been invited to record statements to give his account.

“At this stage, the respondents carried out investigations in a fair manner, the petitioner failed to demonstrate any rights affected by the respondents,” said Justice Ogola. The court termed the application by Dr Manduku as speculative and apprehensive of what the DPP is to do.

In his petition, Dr Manduku wants to stop the DPP from instituting any charges against him based on investigations report and recommendations of the Directorate of Criminal Investigations.

The investigations relate to multi-billion shilling contracts for revamp of the Kisumu Port, construction of Makongeni goods shed and construction of concrete barriers for various ports around the country.

Through prosecutors Alexander Muteti, David Fedha and Victor Owiti, the DPP termed the application by Dr Manduku as premature as the decision to charge him has not been made.