In the recent past, media outlets owned by SK Macharia’s Royal Media Services (RMS) have been running stories that paint the Office of the Director of Public Prosecutions (DPP) in a bad light.
The latest was a story run on Citizen TV on Wednesday, October 6, alleging that the ODPP has denied stalling investigations into the Kenya Medical Supplies Agency (KEMSA) saga of 2020.
The allegations, craftily created to trigger public rage against ODPP, despite the fact that the ODPP is not in any way involved in investigations.
The report by Citizen TV further indicated that the ODPP is yet to return the Kemsa case file to Ethics and Anti-Corruption Commission EACC a year later.
The anti-corruption commission had forwarded the file to the DPP recommending charges against six Kemsa officials.
“The reporting by Citizen TV was inaccurate, malicious and misleading, as it is obvious a lot of work has been going on in the Kemsa probe. The ODPP wishes to clarify that the only files retained by the DPP in any investigations are a duplicate file and that the same does not in any way stall ongoing investigations,” said Deputy DPP Emily Kamau.
EACC later said the file was in their custody and officers drawn from the EACC and DPP were working together, putting to question the objectivity of the reports by Citizen TV.
It has now emerged the reports are pushed by SK Macharia, who is in fury after ODPP refused to prosecute a Ksh4 billion case involving Directline Assurance company.
Macharia and Directline Assurance Limited are seeking private prosecution of 14 suspects, whom they accused of engaging in fraudulent transfer of shareholding and monies amounting to over Ksh4 billion between the years 2012 and 2018.
The 14 include Janice Teresa Wanjiru Kiarie, Victor Blasco Wijenje, Janus Ltd, Harbor Capital Ltd, Kevin Mccourt, Sure Invest Ltd, James Gachoka, Triad Networks Ltd and Gordon Radier Were.
Others include AKM Investments Ltd, Stenny Investments Ltd, John Maonga, Enid Muriuki and Winnie Jumba.
In a letter dated March 18, 2021, DPP Noordin Haji informed the Inspector General of Police that the ODPP could not establish a clear-cut crime to warrant prosecution of the 14.
The Attorney General seemed to agree with the ODPP, declining to represent the police in the case that Macharia was now pushing under private prosecution.
It emerges that Macharia influenced the police to put up with the case, which in the eyes of the ODPP and the Attorney General could not hold water.
In fact, the Attorney General filed a preliminary objection challenging the jurisdiction of the court.
Sensing defeat and a collapse of the case, Macharia recruited every available avenue to fight the ODPP, including using journalists under the RMS banner and top bloggers in the country.
A week ago, two directors of Directline Assurance were acquitted in a case where they were accused of obstructing officers of the Insurance Regulatory Authority (IRA).
Senior Principal Magistrate Martha Nanzushi released Anthony Macharia and Bashir Mburu saying the prosecution had failed to prove their case.
With the two senior officers off the hook, it will be an uphill task for Macharia to sustain the case.
In what now looks like a battle of titans, with Macharia having failed in hook, he has resorted to crook to taint the image of the ODPP to make a statement.
For now, it is a case of wait and see to see how long the dirty tricks will last.