Libya Oil Kenya (Oilibya) general manager Duncan Ziyanai Murashiki has obtained orders stopping the Director of Public Prosecutions (DPP) Noordin Haji from prosecuting him over burglary and theft of Sh1.5 million property from a petrol station.
Mr Murashiki, a Zibambwean national, was granted the temporary reprieve alongside four others by the High Court.
Mr Murashiki and four other employees of Libya Oil Kenya Limited are opposing the DPP's June 3 directive they be prosecuted urgently over burglary, theft and malicious damage to property at Juja Service Station along Thika Road managed by Maced Limited.
The four are Ms Joyce Nekoye Wanjala (territorial manager), Ms Nancy Waeni Mutune Kwinga (retail manager), Mr Antony Muraya Mugo and Mr Stanley Marete.
Their charges read that on June 7, 2017, they broke and stole from Juja Road Service Station 10 units of CCTV system cameras valued at Sh400,000, digital video recorders valued at Sh200,000, gas cylinders worth Sh200,000, lubricants worth Sh500,000, carwash vacuum cleaner worth Sh30,000 and fuel worth Sh200,000, all valued at Sh1,530,000 the property of Maced Limited.
They also face a charge of unlawfully damaging five door padlocks valued at Sh12,500.
The six filed a petition seeking a conservatory order prohibiting the DPP and the Inspector-General of Police (IG) from prosecuting them over the break-in.
They told Lady Justice Pauline Nyamweya they had been discharged earlier in March 15, 2018 over the same offence under Section 87 (a) of the Criminal Procedure Code (CPC) pending the outcome of an arbitration cause pitting Maced and Libya Oil Kenya.
Mr Murashika says the directive by the DPP they be tried anew is a violation of their rights.
The DPP and Maced’s lawyer Lewis Kyengo say in defence “a discharge is not an acquittal. The accused can be tried on account of the same facts.”
Inspector John Mwiti for DPP says the petition to bar the case has been filed in bad faith, is misconceived and an abuse of the court process geared to defeating justice.
Maced’s director Kenneth Njeru Mugane says Libya Oil Kenya Limited, in a letter dated June 14 2017, acknowledges having illegally entered into the service station where they removed property before appointing and installing a new dealer.
“The illegal act of breaking into and stealing property from the service station transcended the contractual relationship and became a plain criminal act as opposed to a breach of obligations in the business agreement between Maced and Libya Oil Kenya Limited,” Mr Mugane says in his affidavit filed in court.
He is opposing the case to block the criminal trial of the oil company employees.
Justice Enock Chacha Mwita extended the order staying the prosecution of the accused and directed all the parties to file all the evidence.
The case will be heard on December 18.