The High Court in Kisumu has dismissed a petition by four foreign nationals who sought to stop criminal proceedings linked to an alleged aircraft forgery case.

🇰🇪 Breaking It Down

According to a statement issued by the Office of the Director of Public Prosecutions (ODPP) on Tuesday, June 21, the court ruled that the case can proceed after finding no violation of the petitioners’ constitutional rights during investigations and prosecution.

“The High Court in Kisumu has upheld the constitutional independence of the Director of Public Prosecutions (DPP) after dismissing a petition by four foreign nationals seeking to stop their prosecution over an alleged aircraft forgery scheme,” the statement read.

The petition was filed by foreign nationals who are facing charges of forgery and conspiracy to commit a felony.

📌 What You Need to Know

The charges are linked to a 2014 aircraft sale and leasing transaction between a Nairobi air charter company and a private Australian company that later resulted in disputes over the aircraft’s registration, deregistration and maintenance.

According to the ODPP, the petitioners had argued that authorities acted unlawfully by charging them without first giving them notice or an opportunity to record statements.

They also maintained that the matter was a commercial disagreement rather than a criminal offence and pointed to an Interpol decision involving one of the accused persons.

In response, the prosecution argued that criminal charges can be filed without requiring prior interviews with suspects and that the prosecution office acted within its constitutional mandate.

Justice Joe Omido found that the existence of a commercial dispute does not prevent criminal proceedings where evidence suggests possible unlawful conduct .

The court further stated that constitutional proceedings cannot be used to replace or interfere with the normal criminal trial process.

📰 Source: Kenyans.co.ke