The case involves Heritage Flowers Ltd directors Shailesh Kumar Rai and Ranjeta Pandey Rai, alongside Isaac Ikua Kihara, Chris Oyunge Ontita, and Rosalia Blooms Ltd. Prosecutors charged them with conspiracy to defraud in 2022.
DPP says dispute belongs in a civil court
When the matter came up for mention, the prosecution informed the court that it had completed a comprehensive review of the case.
The DPP concluded that the dispute concerns company affairs and should proceed before a civil court instead of a criminal court.
The prosecution therefore asked Magistrate P.K. Mutai to withdraw the charges under Section 87A of the Criminal Procedure Code.
According to the ODPP, the parties should resolve their dispute through civil proceedings.
Prosecution relies on constitutional powers
The ODPP relied on Article 157(6)(c) of the Constitution, which allows the Director of Public Prosecutions to discontinue criminal proceedings before judgment.
The prosecution told the court that the available evidence does not justify criminal prosecution.
It added that the complainant has an appropriate remedy through the civil justice system.
Complainant seeks time to respond
Lawyers representing the complainant opposed the application.
They asked the court for more time to respond before it determines whether to withdraw the charges.
The court directed all parties to file written submissions supporting or opposing the application.
Fraud allegations involved millions
The complainant accused the directors of conspiring to defraud Heritage Flowers Ltd of KSh10,520,919, €368,416.71, and USD348,166.94.
The complainant also alleged that the accused forged management meeting minutes and a commission agreement involving the company.
However, after reviewing the evidence, the ODPP concluded that the allegations raise civil issues rather than criminal offences.
Directors maintain charges lacked merit
The accused directors have consistently denied the allegations.
They argued that their business partner and 50 percent shareholder, Riyaz Punjani, initiated the criminal case after accusing them of stealing company funds.
The directors insist the accusations are baseless and unsupported by evidence.
Heritage Flowers welcomes prosecution’s decision
After the prosecution filed the withdrawal application, the directors welcomed the move.
They said the ODPP had confirmed there was insufficient evidence to continue with the criminal case.
The directors said:
“After careful consideration, the Office of the Director of Public Prosecutions (ODPP) has officially made an application to withdraw the charges, affirming that there was no sufficient evidence to proceed with the criminal matter since it ought to be taken to a civil court.”
The company also reaffirmed its commitment to transparency, integrity, and compliance with the law.
Management cautioned against using the criminal justice system to resolve shareholder disputes.
The directors said business disagreements should be resolved through the proper commercial and civil legal processes instead of criminal complaints.
Case returns to court on September 30
The court will mention the matter on September 30, 2025, after all parties file their submissions on the ODPP’s application to withdraw the charges.
