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BY KORIR JUMA,NAIROBI,18TH JUNE 2018- Kirinyaga businessman Patrick Njiru and his wife can now breadth easy after high court on Monday blocked police from arresting them over sale of contraband sugar that was nabbed in Ruiru last week.
Justice Lucy Gitari granted Mr Kuria and his wife a Sh200,000 anticipatory bail following an application by their lawyer Ndegwa Njiru.
Mr Kuria is the brother of Kirinyaga Women Rep Wangui Ngirici.
Justice Gitari certified his criminal miscellaneous application on violation of human rights as urgent and directed that the businessman appear in court after seven days when the respondents in the case can respond.
Mr Kuria listed the attorney-general, inspector-general of police, director of public prosecutions and director of criminal investigations as respondents in the matter.
“The applicant is apprehensive of being unlawfully arrested by the police on the basis of a mere speculation and a concerted conspiracy theory— an act that will culminate in greatly injuring his constitutional rights and fundamental freedoms,” the lawyer told the judge.
Mr Kuria, the court heard, is a businessman and the director of Paleah Stores Ltd.
According to the lawyer, he has been running business after procuring all the necessary licences from the relevant authorities.
“The intended arrest will violate his right as it will deprive him of his freedom to liberty without a justifiable cause contrary to Article 39 (1) and further subject him into physical and psychological torture and treat him in a manner that is cruel, inhuman and degrading contrary to constitution,” he told the judge.
Mr Kuria indicated that he is duly licenced by the Sugar Board of Kenya to import, distribute, re-package and brown and white sugar.
He said sometime in June 9, 2018, he bought about 600 bags of sugar from Hydery (P) Ltd, which is also licensed to undertake sugar business in the country.
“Upon purchasing the sugar, Hydery (P) Ltd issued the applicant with copies of the importation documents— namely an E-slip and a delivery order. The sugar was certified by AFA Sugar Directorate on August 25, 2017,” lawyer Njiru told the judge.
He said the purchase of the sweetener followed its importation certified by the Port Health Fit For Human Consumption on August 23, 2017.
The case will be mentioned on June 21, 2018 at the High Court in Kerugoya.