The Court has received an Applicant by the director of Heritage Flowers Limited and the Complainant/Victim seeking to have his lawyer Henry Kinyanjui allowed to cross-examine witnesses in a case where five people a charged with conspiracy to defraud.
The Complainant argued that he is the main reason why the Proceedings were commenced.
The accused Shailesh Rai, his wife Ranjeeta Rai and three others are charged Conspiracy to Defraud contrary to Section 317 of the Penal Code, Stealing by Directors contrary to Section 282 of the Penal Code, Money Laundering contrary Section 3 (b) (i) as read with Section 16 of the POCAMLA and Forgery Contrary to Section 345 as read with Section 349 of the Penal Code.
Court was told that Heritage Flowers Limited purchased land in Rimuruti to grow flowers for export using a facility from the Bank of India.
The complainant alleges that the Accused persons have continued to use the funds from the investment for illegal purposes and this will have the effect of affecting the possibility of recovery of any proceeds of crime as the Accused persons are actively laundering the same.
In the papers filed in Court Henry Kinyanjui Advocate argues that one would expect that there is a common appreciation of the architecture of our legal system including the Victim Protection Act.
According to complainant, the Accused persons appear to have operated either in the ancient days before transformative constitution or completely ignorant of the law on the participation of the Victims in criminal trials.
Kinyanjui alleges that the accused persons have marshaled mainly three arguments. First, there was no company resolution permitting the commencement of the case. Secondly, the complainant should be Heritage Flowers Limited and the Applicant is not a victim. Three, they suggest that the Applicant doesn’t need an Advocate as there is a Prosecutor to ventilate their arguments.
The Court was told that the Applicant is one of the two directors of Heritage Flowers Limited and the Complainant as well as the Victim in the Criminal case number E604/2023 and the main reason why the Proceedings herein were commenced.
“The provisions of Section 13 of the Victims Protection Act as the Complainant and Victim in this matter I am entitled to participate in the proceedings emanating from the Complaint he made with the Investigating Officers at the Directorate of Criminal Investigations.” submitted the complainant through Advocate Kinyanjui.
The Applicant argued that is therefore important for the Applicant to be enjoined as Party as he has a substantial interest in the proceedings herein which is likely to be greatly prejudiced should the matter proceed in his absentia.
According to the complainant, if the Application herein is not allowed, he stands to suffer irreparable loss should a decision be made adverse to their rights under Kenyan Law.
“It is in the interest of all the parties to the proceedings herein that the court allows the application herein, as it will enable the court to make a just determination on all matters presented before it.” submitted Advocate Kinyanjui.
The Accused persons Advocate told the Court that having read the submissions if the Applicant, the require time to prepare submissions and highlight.
They were not ready to proceed with the hearing.
The Case will be heard on 23rd July 2024.
