The Kisumu High Court has dismissed a petition by four foreign nationals seeking to halt criminal proceedings against them in connection with a 2014 aircraft forgery case. The ruling affirms the Director of Public Prosecutions' (DPP) authority to pursue the charges.
Background of the Case
The case involves a disputed 2014 transaction between Wilken Aviation Limited and Flying Tiger Oversize Cargo Pty Ltd concerning the sale and leasing of an aircraft. The disagreement led to allegations of forgery and conspiracy.
Petitioners’ Claims
- Alfred Geoffrey Leach, David Berry, Michael Allan McKeever, and Christopher Bruce Wilhelm argued that the Directorate of Criminal Investigations (DCI) and DPP violated their constitutional rights by charging them without prior notice or an opportunity to be heard.
- They contended the matter was purely commercial and referenced an Interpol decision removing data linked to a red notice against one petitioner as grounds to stop prosecution.
Court Findings
Justice Joe M. Omido ruled that the DPP acted within constitutional limits under Article 157 of the Kenyan Constitution. The court found no evidence that the petitioners’ rights were infringed during the investigation or charging process.
Furthermore, the court emphasized that a commercial dispute does not exempt parties from criminal liability if evidence of an offence exists. It also held that constitutional litigation cannot replace criminal trials, thereby rejecting the petitioners’ attempt to avoid prosecution through constitutional claims.
Outcome
With the petition dismissed, the prosecution against the four foreign nationals will continue in Kisumu court on charges of forgery under Section 349 and conspiracy to commit felony under Section 393 of the Penal Code.
