Businessman in Trouble as High Court Reinstates Sh300 Million Land Fraud Case

Nairobi, Kenya – A Nairobi businessman is back in legal jeopardy after the High Court overturned a decision that had allowed the withdrawal of a Sh300 million land fraud case against him.

Justice Alexander Muteti on Tuesday set aside a ruling by Milimani Principal Magistrate Geoffrey Onsarigo that had permitted the Director of Public Prosecutions (DPP) Renson Ingonga to terminate the case against businessman Abdirahman Abdi Abdi.

The judge faulted the trial court for ignoring the plight of the complainant, Pansiba Limited, which had opposed the withdrawal.

He further declared that the DPP’s exercise of discretion under Section 87(a) of the Criminal Procedure Code was “improper, irregular and incorrect in law.”

“The ruling by the trial magistrate allowing the withdrawal of the case under section 87(a) of the Criminal Procedure Code is hereby set aside,” Justice Muteti ruled, ordering that the matter be remitted to the Chief Magistrate’s court for fresh allocation.

The High Court emphasized that victims have a right to fair treatment in criminal proceedings, warning against courts focusing solely on the accused.

Justice Muteti noted that citing a pending civil case as justification for withdrawal was untenable, since civil and criminal matters can proceed concurrently under Section 193A of the Criminal Procedure Code.

The judge also directed that the case be temporarily held in abeyance to allow Pansiba Limited, through its lawyer Ben Musundi, to formally engage the DPP.

The company must write to the DPP within seven days, with the prosecution expected to review the victim’s concerns and communicate its decision to the trial court by October 27, 2025.

Until then, Abdi will remain free on his existing bail terms.

Pansiba Limited, the complainant, had challenged the withdrawal, arguing that the trial court disregarded its submissions and failed to consider the evidence pointing to fraud.

The High Court agreed, affirming that the DPP had initially found sufficient evidence to sustain the charges following an independent review of the police file.

Justice Muteti’s ruling now revives the high-stakes fraud case, which had been on the verge of collapse, and sets the stage for fresh proceedings in the lower court.