A logistics manager at the Kenya Pipeline Company has been granted anticipatory bail after expressing fears of his arrest over the Sh12 billion fuel scandal.
The High Court granted Mr Joel Mburu Sh5 million anticipatory bail with surety of a similar amount after he moved to court under certificate of urgency.
The official said he was living in fear and apprehensive that the police may pursue him and arrest any time and subject him to harassment and torture, against his constitutional rights as provided in Articles 50 and 51 of the Constitution of Kenya.
“That it is in the interest of justice that this application is heard urgently and conservatory orders be issued in the interim, restraining the respondents or their servants from arresting me or holding me in police custody,” he said.
Mr Mburu said that he was on Easter holiday on April 2 when he was informed that unknown people had raided his home in Rironi, Kiambu County. He said persons believed to be police officers later broke into his home on April 3 and carted away unknown items.
The manager said he came back and as a result of the stress, mental anguish, fear and apprehension, he suffered serious migraines and a high fever that paralysed him. He later sought medical attention at a city hospital where his doctors recommended a three-day rest "to restore proper functioning of his vital organs and faculties".
Through his lawyers, Mr Mburu undertook to appear before any police station, produce any documents relating to the matters in issue as and when required to by the Directorate of Criminal Investigations (DCI), and aid in the investigations to the possible extent.
He further said that the police have laid siege to his home, ostensibly waiting for him to appear to arrest him or forcefully take him into custody.
“From these reports, the applicant verily believes that these are agents of the respondents herein assigned to forcefully and without basis apprehend him and take him into custody and harass him for his alleged role within KPC,” he said.
He pointed out that a few days later, the Head of Public Service, Felix Koskei, issued a press statement on investigations into allegations of unlawful importation of oil and petroleum products into the country, outside the applicable policy and regulatory framework.
Senior energy officials, including KPC managing director Joe Sang and Energy and Petroleum Regulatory Authority (EPRA) Director-General Daniel Kiptoo, were later arrested and freed after spending the Easter weekend in custody. The two, alongside Petroleum PS Mohamed Liban, have since resigned over the fuel scandal.
The officials stepped down following investigations into a fuel scandal involving the importation of substandard fuel and irregularities in petroleum procurement outside the government-to-government framework.
