• The defence says the charges preferred by the DPP are illegal and accuses the DCI of overstepping its mandate by investigating matters that should be probed by the EACC
• But the state says that while the DCI can recommend the prosecution of a person, it is the DPP who prefers charges against a suspect
Kenya Ports Authority MD Daniel Manduku has been released on free bond pending the ruling on his application for anticipatory bond on December 17.
Manduku is seeking orders barring the DCI or the DPP from arresting or prosecuting him.
He moved to Judge Erick Ogola's court on Thursday to stop his arrest. He wanted the court to issue anticipatory orders to protect him from arrest.
The KPA boss, through lawyers James Orengo, Nelson Havi and Julie Oseko, said the charges preferred by the DPP are illegal and accused the DCI of overstepping its mandate by investigating matters which should be investigated by the EACC, the anti-graft agency.
But DPP's senior counsel Alexander Muteti said the petition is meant to bar the office of DPP from exercising its powers of prosecuting suspects. Muteti said the EACC only has powers to investigate economic crimes but the DCI can investigate any matter.
He explained that the DCI can recommend the prosecution of a person, but it is the DPP who prefers charges against a suspect.
Orengo argued that the DCI investigated crimes which should ideally be investigated by the EACC since the allegations fall on economic crimes Act. thorough investigations were done.
The counsel also wanted the court to bar the DCI, DPP and the Inspector General of Police from issuing any statements to the media.
He said the inflammatory statements by the respondents have made the MD to be prosecuted and convicted by the public.
The KPA has suspended all new procurements "with immediate effect" in the wake of an ongoing probe by the EACC and the DCI of an alleged Sh2.7 billion tender scam.