MALICIOUS AND VEXATIOUS

Falcon Dew Ltd director moves to court to stop arrest

Kenneth Thuo accused co-director of orchestrating his arbitrary arrests by the police

In Summary

“Owing to the state’s unconstitutional, illegal, arbitrary, oppressive, capricious unfair and unreasonable acts aforementioned, the petitioner will suffer severe prejudice and is constantly threatened with further arrest and detainment,” reads court papers.

Image: THE STAR

 

A businessman has moved to court to stop his arrest for wrangles with his co-director over Sh30 million worth of alcoholic drinks.

Kenneth Thuo, a co-director of Falcon Dew Ltd, says his colleague Joseph King'ori is at the centre of his woes.

Falcon Dew Ltd is an alcohol and alcoholic beverages company.

“The state has instituted criminal investigations to harass, intimidate and pressure the petitioner to settle a civil dispute with King’ori,” reads court papers.

Thuo says he was summoned on January 22 to Gigiri police station where he was arrested and detained at the instructions of his co-director

Thuo says he was released a day later but was detained again from January 26 to 27 at night without being arraigned.

He says police never informed him of his offence as required by law.

Thuo says he appreciates that King’ori has a right to complain to the state if his right has been violated and if the violations are of criminal nature but he also has a right to a fair trial and due process

He says due to the consistent misuse and abuse of powers by the police on Kingori’s instruction, he is apprehensive that should he refuse to settle the civil matter he will be charged.

“Owing to the state’s unconstitutional, illegal, arbitrary, oppressive, capricious unfair and unreasonable acts aforementioned, the petitioner will suffer severe prejudice and is constantly threatened with further arrest and detainment,” reads court papers.

Thuo says the criminal investigations against him are made in bad faith, are malicious and intended to put pressure upon him to abandon his investments.

He says the investments are in the company’s assortment of liquor and alcoholic beverages.  

“Thuo took Sh7,652,563 by asking the customers of the company to make payments directly into his personal accounts and which matter is currently being investigated by the DCI,” he argues.

He says because of Kingori’s conduct, the company suffered severe financial constraints which crippled its operations and led to a strained business relationship between the two co-directors.

 

Edited by P.O