The High Court in Mombasa has temporarily stopped the arrest and prosecution of employees of a firm over the alleged theft of poles and cables from Kenya Power.
But Justice Eric Ogola said the police can continue investigating Kites Technical Ltd pending the hearing of its application on September 21.
The company has sued the police and the Director of Public Prosecutions (DPP) seeking to be shielded from investigation and prosecution.
The police, it argues, have failed to carry out thorough investigations against it.
“By neglecting or ignoring the information made available by the petitioner, in the course of their investigations, is by itself evidence of malice and abuse of discretion and power on the part of the police,” it argues.
On February 21, it says, it was subcontracted by H Young Gibbs Consortium to install street lights on the Changamwe-Kipevu road.
It was to erect 47 concrete poles and power cables along the road. It says it completed the work and the street lights have been working for the last three years.
On July 15 at around 10am, it says, a Kenya Power security manager sent a letter to Kite Technical’s manager requiring him to report to the power company’s security office to help in investigations into alleged theft of poles and cables.
A police officer attached to the Kenya Power security office told the Kites Technical manager that the cables and poles used for the street lighting project might have been stolen from the power company.
Kites Technical says it provided the officer with copies of invoices, receipts and bank transfer slips showing that the poles were purchased from a company in Nairobi while the cables came from a company in Mombasa.
The company says police officers attached to Kenya Power went to the project site and removed all the electric cables and lamps that had been installed.
The company wants the investigations into the alleged theft declared unfair and impartial and that they have been conducted with an ulterior motive.
