The court issued the orders pending the hearing of her constitutional petition, which challenges the decision to charge her.
High court suspends DPP’s decision to charge Berman
Justice Patricia Mande Nyaundi issued the orders on April 23, 2026. She suspended the decision by the Director of Public Prosecutions (DPP) to file criminal charges against Berman.
The court stated that the conservatory order would remain in place until the parties appear for an inter partes hearing.
The court also directed the parties to return on June 9, 2026, for compliance and further directions.
Berman challenges intended prosecution
Berman, through her lawyer Robinson Kigen, argues that the planned prosecution misuses the criminal justice system.
She claims the charges serve an external purpose and are malicious, oppressive, and intended to help her estranged husband settle personal disputes.
Court documents show that Berman married Mikhail Berman in November 2013. She later moved to Kenya in January 2014, where she lived with her husband and their child.
Marriage dispute and alleged pressure to leave Kenya
According to Berman’s petition, the marriage later collapsed after she experienced emotional and psychological abuse.
She claims that between January and April 2025, her husband pressured her to travel to Russia to begin divorce proceedings.
Berman alleges that her husband threatened to withdraw financial support and cancel her dependant’s pass if she refused to leave Kenya.
She travelled to Moscow on April 7, 2025. After her departure, she claims her husband took custody of their child and increased pressure to stop her from returning.
Property and business dispute
The dispute also involves Bright Villa Limited, a company where the couple jointly owns property in Karen.
Berman alleges that her husband attempted to transfer her shares using forged documents while she was away in Russia.
She claims the documents included a fake affidavit, resignation letter, and company minutes.
Berman also alleges that someone fraudulently transferred and sold her motor vehicle using a fake court order.
She says the court later confirmed that it had never issued such an order.
Claims of unequal treatment by authorities
Berman says she reported the alleged fraudulent transactions but authorities failed to take action against her husband.
She argues that instead, officials moved forward with criminal charges against her based on false allegations.
The petition also highlights an ongoing child custody dispute.
Berman claims her husband made false reports at Lang’ata Police Station accusing her of assaulting their child.
She argues that the allegations aimed to intimidate her and weaken her position in custody and property proceedings.
Dispute over cancellation of dependant’s pass
Berman further claims immigration authorities cancelled her dependant’s pass without giving her prior notice.
She says officers informed her about the cancellation when they took her to immigration offices.
Berman argues that the action violated her constitutional right to fair administrative action.
Court blocks arrest and prosecution
The High Court order prevents authorities from arresting or prosecuting Berman until the court determines whether her constitutional rights were violated.
The case will examine claims surrounding the alleged misuse of criminal proceedings in private disputes.
It will also address issues involving fair administrative action, property rights, and access to justice.
