A court has declined an attempt by the office of the Director of Public Prosecutions (DPP) to terminate a Sh1.5 million burglary and theft case against the general manager of Libya Oil Kenya (OiLibya), Duncan Ziyanai Murashiki.
Miliami Law Courts senior resident magistrate Hellen Onkwani declined to allow the request to withdraw the case under Section 87 (a) of the Criminal Procedure Code, instead ordering the DPP to give reasons for seeking to terminate the case against Mr Murashiki, a Zimbambwean.
The manager is charged alongside other senior officials of OiLibya. The request to terminate the case against the five was strongly opposed by the complainant company, Maced Limited, which had been leased the business premises by OiLibya on a three-year contract.
The premises on Juja Road in Nairobi County were allegedly burgled by Mr Murashiki and four others on June 17 2017 where five padlocks valued at Sh12,500 were also damaged.
Maced Ltd told the magistrate that “its desire is for the case to proceed to finality since no reasons have been advanced by the DPP for withdrawing the case under Section 87 (a) of the Criminal Procedure Code (CPC).”
A State prosecutor, Ms Sega, told the magistrate she is yet to receive the letter instructing the case’s withdrawal from the DPP’s office.
Mr Murashiki is charged alongside Joyce Nekoye Wanjala (territory manager), Nancy Waeni Mutune Kwinga (retail manager), Antony Mugo Muraya (network manager), Stanley Njoroge Marete (a contractor for OiLibya) and Libya Oil Kenya.
They are accused of breaking into the Juja Road Service Station from where they allegedly stole 10 units of CCTV system cameras worth Sh400,000, digital video recorders valued at Sh200,000, gas cylinders valued over Sh200,000, lubricants, car wash vacuum cleaner valued Sh30,000 and fuel, all valued at Sh1,530,000, the property of Maced Limited.