Architects to Face Criminal Charges in Sh895 Million Multichoice Kenya Dispute

Stanley Kebathi and Kariuki Muchemi, architects and private consultants at the center of a Sh895 million dispute between Multichoice Kenya and construction firm Cementers, will now face criminal charges after losing their bid to block the prosecution.

The Court of Appeal dismissed their application, ruling that the charges against them should proceed.

The three-judge bench, comprising Justices Patrick Kiage, Ali-Aroni, and Lydia Achode, found the appeal by Kebathi and Muchemi, along with their company Interconsult Engineers, to be “devoid of merit.”

The judges emphasized that both civil and criminal proceedings could be pursued concurrently in this matter. They also noted that there was no evidence to suggest that the decision to prosecute was driven by an ulterior motive.

The dispute stems from a contract between Multichoice Kenya and Cementers for the construction of Multichoice’s headquarters in Nairobi’s Kileleshwa area.

Cementers has accused Kebathi and Muchemi of altering a report on the building project, which allegedly led to the termination of the contract.

The report, which was forwarded to the police, prompted an investigation and subsequent recommendation for criminal charges against the two experts.

The Director of Public Prosecutions (DPP) reviewed the case and deemed it necessary to proceed with prosecution.

In their ruling, the appellate judges highlighted that the application for judicial review, filed on March 29, 2022, did not cite any constitutional violations or rights infringements.

They upheld the lower court’s decision to refrain from assessing the evidence to determine whether a crime was committed, stating that such an evaluation should be left to the criminal trial.

“We think they should have their day in court where they will confront the charges and evidence assembled against them,” the judges ruled.

The case has drawn significant attention due to the high stakes involved and the allegations of professional misconduct.

Cementers claims that the doctored report caused them financial harm and led to the abrupt termination of their contract.

Meanwhile, Kebathi and Muchemi have maintained their innocence, arguing that the criminal charges are an abuse of the court process.

With the Court of Appeal’s dismissal of their application, the two architects and their company will now have to defend themselves in court.

The outcome of the trial could have far-reaching implications for the construction and consulting industries in Kenya, particularly in cases involving disputes over contractual obligations and professional integrity.

The case is set to proceed as the DPP moves forward with the prosecution, marking a new chapter in the long-standing legal battle between the parties involved.