A businessman has suffered a major setback after the High court declined to prohibit the DPP from proceeding with a case in which he has been charged with selling fake facemasks to Aga Khan Hospital.

Justice Anthony Ndung’u said William Muthee and Davetronic company limited did not produce any evidence to show that the DPP, Inspector General of Police and anti-counterfeit authority abused their power in deciding to have them arraigned in court.

He also said that the DPP cannot be stopped from undertaking his constitutional duties.

“This court, therefore, finds that insufficient evidence has been brought by the applicants to show bad faith or ulterior motives on the part of the respondents, in investigating and prosecuting them for a criminal offence,” said the Judge.

He dismissed the application filed by Muthee and Davetronic saying there is no evidence that there is a pending civil case between the parties-in regard to the business transaction.

Davetronic company limited and William Muthee sued the DPP, IG and anti-counterfeit authority seeking to stop the continuance of the criminal proceedings at the Milimani law courts.

Also sought was an order prohibiting the DPP from further prosecuting the criminal case.

The two alongside others were charged in court on January 14 with selling counterfeit goods worth Shs 11 million. They have denied the charges.

They claimed the proceedings before Milimani were illegal

They reiterated that they were the middlemen who were awarded a tender.

“…That an agent cannot be held liable in instances where there is a disclosed principal, more so where deceit or fraud has not been intimated on a party..” they said.