SK Macharia Case: The Attorney General Paul Kihara has refused to represent the Inspector General Hilary Mutyambai and the Directorate of Criminal Investigations boss George Kinoti in a case filed by SK Macharia.
The Sh. 4 billion suit has been filed by Macharia and the company that was run by his late son John Gichia. Mr. Macharia, who is the chairman at Royal Media Services, is seeking to institute private prosecution against 14 intended accused persons over criminal offences relating to shares and finances at the Directline Assurance Company Limited.
Macharia’s application has been filed against Mutyambai, Kinoti, Kihara, and the Director of Public Prosecutions (DPP) Noordin Haji. In the court papers, Macharia and Directline Assurance Company accuse DPP Haji of declining to prosecute the 14 intended accused despite overwhelming evidence of criminal offences relating to shares and finances of the assurance company. The charges against the 14 intended accused relate to the handling of shares and finances at Directline Assurance company and criminal offences that date as far back as the year 2011. The 14 intended accused allegedly engaged in fraudulent transfer of shareholding and monies amounting to over Sh. 4 billion between the year 2012 and 2018.
“The 14 intended accused allegedly involved in fraudulent transfers of shares in Directline Assurance Company Limited by some of the directors now listed as the intended accused. The amount of money involved totals to over Sh. 4 billion between 2012 and 2018,” Macharia said in court papers.
The failure by the Attorney General’s office to represent its co-accused will be a departure from the past, where the office has been representing other critical government offices in legal matters.
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Macharia recently lost a court battle with his grandson over the control of a multi-billion estate that was left behind by his his late son Gichia.