The Kenya National Police Service Sacco has moved to court seeking to block the Director of Criminal Investigations (DCI) from probing claims of embezzlement of funds against its board directors.
The deposit taking Sacco sought High Court through lawyer Cecil Miller to restrain the DCI or its agents from arresting or charging the officials or the continued harassment or questioning the Board of Directors, pending hearing and determination of the case.
The Sacco also sought orders to discharge directives issued by a Milimani magistrate court allowing the probe and for investigators to carry away certified copies various Sacco documents including list of the names of all members of the current board of directors.
The DCI through investigating officer Inspector Duncan Maina had obtained warrant to investigate Sacco records, list of all tenders awarded to the Police Sacco from 1st January 2019 to 30th October 2024.
The DCI was also allowed to obtain a list of corporate social responsibility projects implemented on the same period, Board of directors’ approval and all procurement documents relating to the purchase, installation and maintenance of the said M-Tawi system, audit reports among others.
Further, NPS DT Sacco wants the court to refer the complaint raised in the criminal application to the Sacco Societies Fraud Investigations Unit for investigation.
Court documents stated that in November last year, a magistrate ordered the Sacco CEO Solomon Atsiaya to nominate an authorized person to provide a certificate of production of electronic evidence under Section 106B(4) of the Evidence Act.
The court further ordered that an authorized person be nominated to provide a witness statement as evidential account in support of the documents given to the DCI.
The Sacco, however, argues that the inspection of the Sacco’s documents falls within the mandate of SASRA, under Section 48(2) and 49(1) & (3) of the Sacco Societies Act, which grants.
