The High Court in Kisumu upheld the constitutional independence of the Director of Public Prosecutions (DPP) after dismissing a petition by four foreign nationals seeking to stop their prosecution over an alleged aircraft forgery scheme.
In a judgment delivered by Justice Joe M. Omido, the Court dismissed in its entirety a petition filed by Alfred Geoffrey Leach, David Berry, Michael Allan McKeever and Christopher Bruce Wilhelm, who had sought orders to quash criminal proceedings pending against them in Kisumu.
The petitioners are charged with forgery contrary to Section 349 of the Penal Code and conspiracy to commit a felony contrary to Section 393 of the Penal Code.
The charges stem from a 2014 aircraft sale and leasing transaction between Wilken Aviation Limited and Flying Tiger Oversize Cargo Pty Ltd that later resulted in disputes over the aircraft’s registration, deregistration and maintenance.
The petitioners had argued that the Directorate of Criminal Investigations (DCI) and DPP violated their constitutional rights by investigating, arresting and charging them without prior notice, summoning them to record statements or giving them an opportunity to be heard.
They also maintained that the matter was purely commercial and relied on an Interpol decision deleting certain data linked to a red notice issued against one of them.
Prosecution Counsel Mercy Mutheu Muema submitted that the DPP acted within the powers conferred by Article 157 of the Constitution and that neither the Constitution nor statute requires suspects to be interviewed before charges are preferred.
Justice Omido held that there was no evidence of constitutional violations and ruled that the existence of a commercial dispute does not shield parties from criminal liability where evidence discloses an offence.
The Court further found that constitutional litigation cannot be used as a substitute for a criminal trial.
The petition was dismissed with costs awarded to the DPP, clearing the way for the criminal proceedings in Kisumu to continue.
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