The High Court in Kisumu has dismissed a petition filed by four foreign nationals aiming to halt criminal proceedings against them in an aircraft forgery case.
The case stems from a 2014 transaction involving the sale and leasing of an aircraft between a Nairobi-based air charter company and a private Australian firm. Disputes arose regarding the aircraft's registration, deregistration, and maintenance, which led to forgery and conspiracy charges against the accused.
Petitioners' Arguments
- The foreigners claimed the authorities acted unlawfully by charging them without prior notice or an opportunity to record statements.
- They contended the matter was a commercial dispute, not a criminal offence.
- They referenced an Interpol decision involving one of the accused as part of their defense.
Prosecution and Court Ruling
- The Office of the Director of Public Prosecutions (ODPP) maintained that criminal charges can proceed without mandatory prior interviews.
- Justice Joe Omido ruled that the existence of a commercial dispute does not preclude criminal prosecution when evidence indicates potential illegal conduct.
- The court emphasized that constitutional petitions cannot substitute or interfere with regular criminal trial procedures.
Consequently, the petition was dismissed, with costs awarded to the ODPP. This ruling allows the prosecution of the four foreigners to continue at Kisumu courts.
