14 May 2019

Kenya: Court Okays DCI to Probe French Firm Idemia

The High Court Monday declined to stop the Directorate of Criminal Investigations (DCI) from investigating French firm Idemia Identity and Security for doing business with the electoral body before it was registered as a foreign company.

In his ruling, Justice John Mativo said that the company's fears were unfounded as it had not been demonstrated how the DCI and the Director of Public Prosecutions (DPP) would infringe on its rights by carrying out investigations as recommended by Parliament.

The judge further said the DPP acts independently and courts should not interfere with his mandate unless it's demonstrated that he had violated or is likely to violate the Constitution.

He said so long as investigations are done in a lawful manner, nothing stops the DPP from proceeding with the matter.

REPUTATION

The company rushed to court to challenge the recommendations by the National Assembly.

Other than investigations, MPs directed Public Procurement Regulatory Advisory Board to investigate the conduct of the company within 60 days.

And if it finds the company culpable, it should be barred from entering into any procurement for 10 years.

MPs had also directed the Independent Electoral and Boundaries Commission to immediately recover all monies "unlawfully paid under contract(s)" entered by the company and, in its current name or its former names of Morpho, OT Morpho, SAFRAN Identity & Security.

In the application, the company said it stands to suffer irreparable loss and grave injustice as it is threatened with deprivation of business and summary recovery of funds lawfully paid for services rendered.

It further said its reputation will be damaged irreparably and incurably. The DPP, through Victor Owiti, had asked the court to dismiss the application, saying it was premature.

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