Ex Nokia CEO opposes prosecutor Taib’s move to represent the firm in case challenging private prosecution

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Former Nokia Corporation CEO has filed an application opposing special prosecutor Taib Ali Taib from representing the company in a case challenging private prosecution of their bosses pending before the High Court.

Rajeev Suri is also opposing the appearance of the firm of Anjarwalla & Khanna LLP in the case saying senior partners in the law firm acted in cases pitting Nokia and TechnoService ltd, hence privy to confidential information. 

Nokia, its former directors and lawyers moved to court to stop criminal proceedings brought against them by TechnoService ltd. They want the high court to stop their private prosecution for allegedly obtaining tax information of a Kenyan company for use at an international court.

Nokia and TechnoService have been battling in various courts and late last year, the Kenyan company was allowed to privately prosecute the multinational company together with its officials and lawyers.

Those to be prosecuted include Rajeev Suri, Aapo Saarikivi and Roschier Attorneys Limited for allegedly illegally obtaining tax information as well as information on TechnoService from the Companies Registry.

TechnoService said Nokia intended to use the information for purposes of defeating justice in a case that was pending before the International Chamber of Commerce (ICC) in Helsinki, Finland.

It is alleged that Nokia and its agents obtained the information from Registrar of Companies and Kenya Revenue Authority (KRA) between September 2018 and March 2019 as Nokia asked for security of costs from the Kenyan company, before the arbitration case proceeds. The matter was later withdrawn.

Nokia company says its reputation and image as an information technology company is at stake and the orders, suspending the charges brought by TechnoService ltd, are to be granted.

“Considering its international reputation as a well-known multinational telecommunication and information technology company, it would be imperative that the orders of stay are issued to prevent the further perpetuation of abuse of the process of court,” the petition before the High Court states.

TechnoService was allowed to privately prosecute Nokia and its bosses with 11 counts including conspiracy to fabricate evidence, conspiracy to defeat justice, making a false document, uttering a false document, perjury and subordination.

He also revealed that Taib, a gazetted Public Prosecutor on the other hand has made representations herein that he acts for Nokia Corporation.

But Suri said Taib is in fact a proxy of Anjarwalla & Khanna in the purported representation of Nokia Corporation.

He said the law firm of Anjarwalla & Khanna LLP through its regional office in Dubai operating under Anjarwalla Collins & Haidermota acted for TechnoService Limited, against Nokia Corporation in matters related to and giving rise to the case.