POLICE SACCO
POLICE SACCO, Kenya National Police DT Sacco has moved to court seeking to block Director of Criminal Investigations from investigating the Sacco and board of directors over allegations of embezzlement of millions.
The Sacco is pleading with the High Court to discharge orders issued by the magistrate court allowing DCI to access, investigate, and carry away certified copies of various Sacco documents including a list of the names of all members of the current board of directorsand other Sacco.
The DCI through investigating officer Inspector Duncan Maina obtained warrant to investigate Sacco records, list of all tenders awarded to the Police Sacco from 1st January 2019 to 30th October 2024, list of corporate social responsibility project implemented on the same period,Board of directors’ approval and all procurement documents relating to the purchase, installation and maintenance of the said M-Tawi system, audit reports among others.
In the application filed in the High Court through lawyer Cecil Miller ,the Sacco is seeking the High Court to restrain DCI whether by themselves, agents and servants, and whomsoever acting under their authority or instruction from charging, prosecution, arresting, continued harassment, questioning, or intimidation of the National Police DT Sacco Board of Directors pending hearing and determination of the case.
to SASRA is ideal for protecting depositors and should be therefore allowed to undertake this investigation as per section 49(1) of the Act.
“To allow investigations to continue as they are now will dangerously expose the institution and the depositors of the Sacco to grievous losses should the DCI proceed to effect the orders issued by the court,” Atsiaya told the court.
He further states that SASRA’s oversight is critical to ensuring compliance with the prudential standards prescribed under Section 48(2) of the Act, and any deviation from this process undermines the statutory framework established to regulate SACCOS.
“The purpose of the SASRA investigation is to safeguard the depositor’s interests and an investigation by the DCI will create a frenzy amongst the depositors causing a bank run,” adds Atsiaya.
Atsiaya adds that the Purported Complainants have not exhausted all remedies available to them under the doctrine of exhaustion.
He told the court he is well aware that the Directors of the Sacco are not immune or opposed to any investigations into the operations of the SACCO or their own conduct.
“The said directors of the Sacco are ready to submit to the investigations within the prescribed procedures under the Sacco Societies Act, CAP 490(B),” the court heard.
