Justice Weldon Korir issued the order after Mr Linturi complained that the arrest and prosecution was meant to intimidate and coerce him to abandon his known stand on various political issues.
At the centre of the commercial and forgery dispute is Atticon Limited, a firm that Mr Linturi fully owned before ceding 50 percent shares to Baron Estates Ltd, which is associated with the estranged wife.
The High Court Tuesday stopped the planned arrest and charging of Meru Senator Mithika Linturi over claims that he forged signatures to secure a Sh530 million bank loan using properties belonging to his estranged wife Marianne Kitany.
Justice Weldon Korir issued the order after Mr Linturi complained that the arrest and prosecution was meant to intimidate and coerce him to abandon his known stand on various political issues.
At the centre of the commercial and forgery dispute is Atticon Limited, a firm that Mr Linturi fully owned before ceding 50 percent shares to Baron Estates Ltd, which is associated with the estranged wife.
The ceding of ownership was in exchange for Baron Estates guaranteeing a Sh50 million loan that Mr Linturi intended to borrow at Family Bank.
Mr Linturi is accused of fraudulently kicking out Baron Estates from ownership of Atticon and further increasing the loan secured using the Baron’s property to Sh530 million without its consent.
An audit filed in court indicates that Rodha Kitany’s signature was forged to secure loans of Sh100 million from Family Bank, another loan of Sh325.7 million, and a separate overdraft facility of Sh100 million using the properties of Baron Estates.
The judge stopped the police and Director of Public Prosecutions from arresting and charging him with any criminal offences, over credit facilities and securities as well as changes of Atticon Ltd, pending the determination of the petition.
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