The Court of Appeal has set aside a High Court order directing Haco Industries Limited to refund Mombasa-based tycoon Ashok Doshi Sh15 million that he paid 24 years ago in exchange for non-prosecution over the sale of counterfeit Bic ballpoint pens.
The three-judge bench, comprising Justices Francis Tuiyott, Imaana Laibuta and Grace Ngenye-Macharia, found that Mr Doshi had failed to adequately explain his breach of the non-prosecution agreement regarding the ownership of the 695,858 pens that were seized from his warehouse in 1996 and 2002.