Meru Senator Mithika Linturi has moved to court to stop his arrest over an alleged fraudulent loan he took from Family Bank two years ago.
Linturi wants the court to stop the DPP from charging him and his co-director Emily Nkirote Buantai.
They claim that their intended prosecution is unlawful as is relates to the family and property dispute between Linturi and his estranged wife Maryanne Kitany.
Kitany lodged a complaint with the DCI two years ago accusing Linturi and Nkirote who were also directors of Atticon Ltd of fraud in taking a loan using fake papers.
Linturi has asked the court to grant them anticipatory bail pending their arrest and prosecution.
He also wants the court to bar the DPP and DCI from prosecuting them with any criminal offences relating to credit facilities and securities and fraudulent changes on Atticon Limited Ownership pending hearing and determination of family disputes between him and Kitany.
There are currently eight different cases that are still pending before court relating to property disputes including the divorce case.
“The DPP has maliciously recommended the arrest, charge and prosecution for alleged criminal offences revolving around loans, overdrafts other facilities that Family Bank extended to Atticon Ltd where the complaint giving rise to the investigations had actually been lodged,” reads court papers.
He argues that the charges he is being prosecuted on are the same issue in an ongoing civil, commercial and family disputes that are currently pending before various courts between him and Kitany.
“The intended arrest, charge and prosecution for offences relating to the said loan as well as the dispute over ownership of Atticon are improper and abuse of power,” Linturi claims.
Linturi says that the decision to prosecute them has an ulterior motive and is out to unfairly coerce them to settle the ongoing litigation in favour of Kitany and her business partners.
He said if arrested they will suffer irreparable damage and harm should they be charged with any criminal offences relating to the property dispute cases before the full hearing and determination of the ongoing litigation.
The legislator claims that early this week someone dropped at his office a draft of a charge sheet containing 38 counts.
The charges range from giving false information to a person employed in the public service, obtaining credits by false pretences, personation, abuse of office, fraudulent procuring the registration of charge of documents, forgery and intent to defraud among others.
“Soon after we began receiving anonymous calls with the callers merely telephoning but not communication and this led to believe that they are DCI officers who are tracking us with a view of arresting us,” he said.
He has also accused the DCI of being biased and selective in prosecution claiming that he had also lodged a complaint against Kitany and the other directors but to date, no action has been taken against them.
He accused Kitany of withdrawing over Sh20 million from the company accounts which was fraud.
Linturi says he has made several complaints to the Banking Fraud Unit about Kitany and other business partners but no action has been taken against them.
“The Serious Crimes Department took over the file that was being investigated by the banking fraud unit and in which we are the complaints and to the best of our knowledge no action was taken,” Linturi says.
