Telkom Kenya had moved to the high court after a ruling was made in a lower court that allowed Postel to privately sue senior officials of Telkom Kenya over a Ksh. 14 billion land sale.
Telkom was initially granted stay orders and the court heard applications from the various parties yesterday. Telkom’s lawyers argued the application for conservatory orders and urged the Court to stay the intended prosecution. Telkom’s application was supported by the Attorney General’s (AG) representative and the representative from the Office of the Director of Prosecution (ODPP). Postel’s lawyers have however opposed the application.
In a brief ruling delivered by the court after close of the arguments, the court was of the view that the issues raised were serious and needed to be fully interrogated during the hearing of the petition. One of the issues which was identified by the court was under which circumstances a private prosecution can be pursued, particularly during the course of an ongoing litigation between the same parties.
The court granted Telkom Kenya a stay of prosecution until the case i heard and determined. The court further directed that the Respondents file their responses within 14 days of the ruling. The court also directed that further responses be served, if need be, as well as submissions within 14 days of service.
The Respondents, Postel Housing Co-op Society, were directed to file their submissions within 14 days of being served with Telkom’s submissions.
The matter shall be heard by way of Affidavit evidence and submissions to be highlighted on 24th January, 2022.
Earlier this month, Senior principal Magistrate Kennedy Cheruiyot allowed members of Postel to bring charges against Telkom directors, some of whom have already left the company. The dispute stems from a 79 acre parcel of land along Ngong Road, Nairobi, which belongs to Telkom Kenya and was up for sale.