Spirit makers Platinum Distillers will face prosecution for allegedly stealing rival East Africa Breweries Limited keg barrels.
Justice John Mativo, in a judgment said Inspector General of Police Joseph Boinnet and Director of Public Prosecution Keriako Tobiko are at liberty to arrest, charge and prosecute the company’s directors for using counterfeit EABL Keg barrels.
“I find nothing in the material before me to show that the petitioners right to a fair trial has been hampered or threatened in the criminal trial in question” justice Mativo ruled.
The judge said there was no tangible evidence to demonstrate that the police acted maliciously or outside their powers or that the prosecution in question was commenced without proper or reasonable foundation.
The brewer is accused of stealing EABL barrels and converting them to their own. The firm that manufactures, packs and distributes alcoholic drinks in the country had moved to court claiming that the Director of Public Prosecution, Anticounterfeit Authority, ACA, police and its rival EABL had colluded to harass its staff and distributors.
Platinum told court that claims it had counterfeited the 50 litres keg barrel were malicious as its cylinders are uniquely branded and engraved. The firm argued that the patents in question have not even been patented by another company and that its beer is licensed by Kenya Bureau of Standards.
The keg barrel dispute between the two companies arose late last year when police officers and the Anti-Counterfeit Agency and EABL went to the brewers premises situated along the eastern by-pass after a tip off that the company was using counterfeits.
In December 2016, ACA and CID officers searched the firm's factory at Ruai and impounded 12 empty EABL barrels, twenty fraudulently converted EABL barrels and two upper keg rings with the words Platinum Distillers Ltd.
The barrels recovered from the distiller were taken to EABL manufacturers in Spain where they were analyzed and identified to be those of EABL, leading to the arrest of the firm's officials.
While opposing the suit by Platinum, DPP stated that the arrest, charging and seizure of the company’s officers was done lawfully and the present case was aimed at curtailing his powers.
“The police only need to establish reasonable suspicion before preferring charges. The rest is left to the trial court. As long as the prosecution and those charged with the responsibility of making the decisions to charge act in a reasonable manner, the High Court would be reluctant to intervene,” the judge said.
He said he found nothing in the petition to suggest, even in the slightest that their prosecution was mounted
without legal basis.
In dismissing the suit, the judge observed that firm did not explain how it acquired the barrels nor did it prove that seizer of the barrels infringed on their constitutional rights.
“I find nothing in the material before me to suggest that the DPP acted in violation of the constitution...I find this petition has no merits. Consequently, I dismiss this petition with costs to the respondents,” he said.