Prosecutor Seeks Recusal in Sh110M Flower Firm Theft Case

The case in which  two directors of a flower company are charged with stealing Ksh 110 million took a drastic turn after the prosecuting counsel applied for recusal from prosecuting the case.

The decision comes after the Director of Public Prosecution (DPP) applied for the review and withdrawal of the matter, citing that the matter should proceed in the commercial division, but the court denied the application.

When the matter was mentioned today for further hearing, since two witnesses had already testified, the prosecuting counsel, Virginia Kariuki, applied to recuse herself from prosecuting the matter for what she termed a conflict of interest.

“Your honor, it is my humble request that the file be referred to the Chief Magistrate for reallocation since I feel there will be a conflict of interest in this matter,” Kariuki  told the court.

She stated that reaching the decision is something personal since she had earlier applied before the same court to withdraw the matter.

“I feel like it is not fair since I had applied for the same matter to be dropped, and that was my application. So I feel conflict of interest arises to that point,” Kariuki told the court.

The defence lawyer did not oppose the application for the recusal and concurred with the sentiments of the prosecution.

Further, the counsel applied for the temporary release of the passports of the two directors, Shailesh Kumar Rai and his wife Ranjeeta Pandey Rai, in order to apply for the United Kingdom Visas for their sons to travel to Bristle for studies.

“Your honor, the passports are needed while taking their visas, and they will be returned to court by June 1, 2026,” the defence said.

The counsel representing the complainant, Daniel Gachau, urged the court to dismiss the application since there is something they do not understand about this case.

“Your honor, after failure by the prosecution to withdraw the matter, it now seems like a trial by the accused to evade justice, and they can move out of the country and fail to return,” Gachau stated.

The lawyer also informed the court that the accused had filed an appeal after the lower court rejected the withdrawal application, and in the ruling that was delivered virtually on February 10, this year, by Justice Diana Mucheche, she recused herself on determining the matter.

While giving directions on the matter, Milimani Principal Magistrate Paul Mutai considered the application by both parties and, on the issue of passport release, noted that,

“This was not the first time that the first and second accused persons’ passports were released temporarily and brought back in court. I think no prejudice will be caused by allowing the application,” he said.

He allowed the application and directed the same to be deposited in court before June 10, 2026.

The magistrate further directed to deliver the ruling on the prosecutor’s recusal on March 19, 2026.

Shailesh and Ranjeeta were directors at Rosalia Blooms Limited, and were charged together with two employees, Isaac Ikua Kihara and Chris Oyunge.

The four were alleged to have conspired to defraud Euros 368,416.71 (Sh60,678,687) and USD 348,166.94 (Sh49,578,972), the property of Heritage Flowers Limited.

The couple were further accused of concealing a transaction of USD 88,495 (Sh12,566,290) at Diamond Trust Bank (DTB).

Shailesh, Ranjeeta, and Kihara face a separate charge of forging minutes of the operations meeting of the management team dated September 17, 2021, purporting to be genuine.

The ruling on the application will be delivered on March 19, 2026.