Kenya Power and Lighting company has been restrained from interfering with the operations of Ceva Interfreight Kenya.
In an order issued by the court on July 12/2023, The lighting company has been stopped from interfering with the smooth running of this business pending the hearing and determination of the matter at the high court.
“This application is hereby certified as urgent,” reads the order document.
In an application filed by lawyer Danstan Omari, Ceva Interfreight company says it is a tenant of Amanzee Investments Kenya having renewed its lease from June 1,2013.
Ceva is located in the Mombasa Mikindani area.
Omari said in the petition that the terminal yard of Ceva is enclosed in a perimeter wayleave granted to the KPLC which happens to be its immediate neighbor.
He adds that KPLC had erected a pylon tower on the wayleave in the Ceva’s yard and one of the anchoring legs sat in the yard and the other sat on the wayleave.
On 2nd July, 2023, the pylon tower fell and its legs hit the perimeter wall of the terminal yard and it led to the explosion of the fire sparks that caused damage to the electrical wires.
On 6th July, 2023, the Directors of Ceva received summons from the DCI compelling them to appear before them on 7th July, 2023 without fail despite Ceva having written to KPLC explaining what transpired and neither the Directors nor any employees of the applicant were involved in the accident that occurred.
Omari says in the petition that as a result of the respondent’s unlawful actions, Ceva’s directors are under imminent threats of arrest and are justifiably apprehensive that their constitutional rights are being violated.
He adds that the arrest by the DCI, IG and DPP and the Kenya Police are being abused and misused to harass, intimidate and oppress Ceva.
“Ceva is of the firm believes that the timing of the arrest is designed to intimidate and ensure that it does not continue running its business here in Kenya,” adds Omari.
He contends that DCI has prevented the applicant from using the usual weighbridge that they have been using, hence paralyzing its business.
According to him the DCI has already demonstrated malicious intent and a clear disregard for the rule of law by abusing due process as enumerated under Section 52 (1) of the National Police Service Act, 2011.
He says that as a law-abiding citizen, Ceva’s directors are ready and willing to submit themselves to a just and fair legal system/process in which their fundamental rights and freedoms are respected and protected.
Directions will be taken on July 19/2023.