The Kisumu High Court has rejected a petition by four foreign nationals seeking to halt their prosecution in an aircraft forgery case dating back to 2014.
The accused—Alfred Geoffrey Leach, David Berry, Michael Allan McKeever, and Christopher Bruce Wilhelm—face charges of forgery and conspiracy to commit a felony related to a disputed aircraft sale involving Wilken Aviation Limited and Flying Tiger Oversize Cargo Pty Ltd.
According to court documents, the transaction led to disagreements over the aircraft's registration, deregistration, and maintenance. Following investigations by the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP), charges were filed under Sections 349 and 393 of the Penal Code for forgery and conspiracy.
The defendants argued that their constitutional rights were violated due to lack of prior notice before charges were brought and claimed the dispute was purely commercial. They also referenced an Interpol decision that removed certain data linked to a red notice against one of them.
However, Prosecution Counsel Mercy Mutheu maintained that the DPP acted within constitutional authority. Justice Joe Omido found no evidence of constitutional breaches and emphasized that commercial disputes do not exempt parties from criminal liability when an offense is evident.
The court dismissed the petition with costs awarded to the DPP, allowing the criminal proceedings to continue.
