Royal Media Services Chairman SK Macharia got a win on Monday in court after the police were stopped from executing a search warrant on his premises at RMS pending hearing of his application.
In the case, Police had secured orders allowing them to go to RMS and conduct a search in a bid to recover some items that Macharia allegedly took from Direct line Assurance Ltd.
Macharia is entangled in a court battle with some alleged directors of the insurance company over ownership of the company with the media mogul claiming he is the legal owner.
Magistrate Alego suspended the orders she had issue for the search warrant until October 30 when the matter will be heard inter party.
In his application to court, Machar through lawyer Danstan Omari argues that he was not heard and therefore court did not have all the material facts before granting the orders.
According to court documents Macharia says that Terry Wanjiku Kiarie Aka Janice Theresa Wanjiku Kiaroe is not a shareholder and lacks locus standi to speak as a shareholder of Directline Assuarance Company Limited.
“It is in the interest of justice that the court vacates its orders and gives an opportunity to be heard to the applicant and the 1st respondents so that the court can be presented with all facts thereof, “reads court papers
Macharia further says that being the legal shareholder of Direct line Assurance Company Limited he cannot therefore steal what belongs to him.
The police wanted to to repossess three vehicles owned by Macharia and which are at Royal Media Services
Omari has argued that the orders against Royal Media Services Limited are likely to be suffered by an innocent party who is not party to the dispute.
“That the republic is misguided by confusing entities that have no nexus and as such is not aiding the court since Royal Media Services and Royal Media Credit are two separate and distinct entities,” reads court papers.
