The High Court has temporarily barred the Directorate of Criminal Investigations (DCI) from arresting Meru Senator Mithika Linturi over 37 fraud charges.
Justice Weldon Korir’s ruling puts to a halt plans to charge Linturi at the Milimani Law Courts on Wednesday.
Linturi had been arrested and later released on April 28 moments before attending a Building Bridges Initiative (BBI) debate at the Senate chambers.
Linturi is facing 37 charges of fraud alongside his business partner Emily Nkirote, including giving false information to a person employed in the Public Service, 3 counts of conspiracy to defraud Contrary to Section 317 of the Penal Code, 19 counts of forgery, personation, making a false document, obtaining credit by false pretence, five counts of fraudulently Procuring the Registration of a Charge document and three counts of intent to defraud.
“The above 37 Counts are all criminal charges investigated and approved for prosecution and are not Civil at all,” said Interior CS Fred Matiang’i in a letter to Senate.
According to Matiang’i, Linturi and Nkirote forged documents in a Ksh100 overdraft facility associated with his company Atticon Limited.
The two are also said to have colluded to kick out their partner Collins Kipchumba Ngetich.
“On the 15th of November 2018, Collins Kipchumba Ngetich a Director of Barons Estates Limited reported to the DCI alleging that sometime in June 2018, he discovered that the directors of Atticon Limited had fraudulently applied for renewal of an overdraft facility of Ksh100 million and other dealings without his consent and that after performing a search at the Companies Registry, he discovered that Barons Estates Limited was fraudulently removed from the shareholding of Atticon Limited and they suspect forged documents were used to attain that goal,” said Matiang’i.
Matiang’i said that 26 statements have so far been recorded, documents collected and those suspected to be fraudulent, 33 in number were subjected to forensic examination and results obtained.