The testimony came before Principal Magistrate Paul Mutai during the hearing of the case.
Investigators trace dispute to lease agreement
Inspector John Munjama, who now serves at the Directorate of Criminal Investigations (DCI) in Kisumu, told the court that SBS Dunhill Group Limited lodged the complaint.
He said the complaint concerned a lease agreement that had reached its expiry.
According to Munjama, Obure claimed that authorities unlawfully evicted SBS Dunhill Group Limited from Senteu Plaza on May 16, 2025, despite court proceedings over the property.
Munjama explained that he worked with the Serious Crime Unit at DCI Headquarters when the investigation began.
He told the court that senior officers assigned him and Chief Inspector Geoffrey Ndago to take over the investigation.
DCI took over investigations
Chief Inspector Geoffrey Ndago confirmed that investigators assumed responsibility for the file on February 1, 2024.
He said they later summoned Chris Obure, the chairman of SBS Dunhill Group Limited, together with the company’s Chief Executive Officer, Kimani Irungu.
The investigators recorded their statements before forwarding the file to Deputy Director of Criminal Investigations Paul Wachira.
Munjama said the dispute centered on a commercial lease that started on October 1, 2017, for six years.
He told the court that ACS and Others Companies Limited leased the premises to SBS Dunhill Group Limited.
Prosecution outlines forgery allegations
The prosecution alleges that Obure forged board minutes belonging to the estate of the late Ajeetkumar C. Shah.
Investigators claim the alleged documents supported a disputed property transaction worth KSh1.3 billion.
The prosecution called Pankaj Chhaganlal Shah, Managing Director of the late Shah’s estate, as its principal witness.
Property owner defends eviction
Pankaj Shah testified that SBS Dunhill Group Limited vacated Senteu Plaza after the court issued eviction orders.
He told the court that he did not know whether another court had suspended those orders.
“The tenant is not in the leased building. Through my lawyer we obtained orders for them to vacate. I do not know whether those orders were stayed,” he testified.
During cross-examination, however, Pankaj acknowledged that the eviction orders remain the subject of ongoing court proceedings.
He also confirmed that four brothers jointly owned the property, including the late Ajeetkumar Chhaganlal Shah and the late Chandulal Shah.
Obure claims agreement included sale of property
Obure maintains that the parties agreed to sell the building to SBS Dunhill Group Limited after the lease expired.
He told the court that the company’s board resolved to invest about USD10 million in the property on condition that the landlords would later sell it to SBS for KSh1.3 billion.
Obure also claimed SBS had already paid more than KSh1 billion towards acquiring the property.
Estate denies receiving purchase money
Pankaj Shah rejected the claim that the estate received money from the proposed sale.
He told the court that SBS instead admitted it had accumulated rent arrears and needed additional time to clear the outstanding amounts.
He also stated that his late brothers, Ajeetkumar and Chandulal, signed the lease agreements before their deaths.
Pankaj maintained that he never signed any lease agreement with SBS Dunhill Group Limited.
DPP seeks withdrawal of criminal case
After reviewing the evidence, the Office of the Director of Public Prosecutions concluded that the dispute belongs before a civil court rather than a criminal court.
The prosecution therefore applied to withdraw the case under Section 87A of the Criminal Procedure Code.
Lawyers representing the complainant opposed the application and asked for time to respond.
The court directed all parties to file written submissions supporting or opposing the application.
The matter will return to court on September 30, 2025, to confirm compliance with those directions.
