Relief for Heritage flowers limited directors and the prosecution moves court to withdraw criminal charges levelled against them by their fellow director.
In the case, Shailesh Kumar Rai, Ranjeta Pandey Rai both directors of Heritage flowers limited were charged alongside Isaac Ikua Kihara, Chris Oyunge Ontita and Rosalia blooms limited were charged with conspiracy to defraud.
The case has been ongoing from 2022, however today when the matter came up for a mention, the Court heard that the DPP upon comprehensive review of the case facing the suspects, he was convinced that the best forum to settle the dispute between the suspects and the complainant in the case was through a Civil court and not a criminal court.
The ODPP therefore made an application before Magistrate P.K Mutai to have the case withdrawn under section 87A of the Criminal Procedure Code and pave way for the parties to pursue a civil case which according to the DPP is the best suitable forum.
In relying on Article 157 (6) (c) of the constitution the ODPP said his office has power to discontinue at any stage before judgement is delivered any criminal proceedings instituted by the director of public prosecution or taken over by the Director of public prosecutions.
Counsel watching brief for the complainant in the case objected to the application saying he needed time to respond to the application.
The court directed that all parties file their submissions in support of the application or response.
The complainant in the case had accused the suspects of conspiracy to defraud the flower company Ksh 10,520,919, Euros 368,416.71 and USD 348,166.94.
He had also accused them of forging minutes of the operation meeting of the management and commission agreement of Heritage flowers limited.
However, now the DPP tells Court that upon review of the said allegations, it is very clear that the suspects ought not to have been charged with a criminal matter, instead, the complainant should pursue a civil redress.
The accused directors have maintained that the charges were instigated by their business partner and 50% shareholder, Mr. Riyaz Punjani, who alleged theft of company funds.
They have always maintained that the accusations were baseless and wholly without merit.
Speaking after the application by the ODPP to withdraw the 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”.
They proceeded to say, “Heritage Flowers Ltd has always operated with transparency, integrity, and in full compliance with the law. We remain committed to protecting the interests of the company, our employees, and our valued customers.”
The company management said that they take the opportunity to caution against misuse of the criminal justice system to settle shareholder disputes.
They said that matters of company governance and partnership differences should be resolved through proper legal and commercial channels, not through false accusations that damage livelihoods and reputations.
The case will be mentioned on September 30, 2025 to filling of submissions.
