Court Rejects DPP’s Bid to Withdraw High-Profile “Threat to Kill” Case

The Nairobi court has denied the Director of Public Prosecution’s (DPP) plea to withdraw a threat to kill case involving the director of a flower company, claiming that the evidence on record does not meet the judicial threshold required to ascertain a realistic conviction.

While striking out the plea, Milimani Principal Magistrate Caroline Nyaguthii stated that “the criminal prosecution is not a mechanical conviction, and the duty of the prosecution is to produce credible evidence in the pursuit of justice.”

The magistrate stated that no evidence was produced by the prosecution demonstrating the emergence of new evidence, loss of exhibits, or any contravening circumstances.

The court also noted that the DPP’s office admitted the same charges after the DCI had investigated the matter and forwarded its recommendation to the ODPP.

In the determination, the Magistrate indicated that the court is not convinced of the plea of withdrawal under Article 157 (11) of the Constitution. In the interest of justice, the application is hereby declined, and the matter shall proceed to the hearing.

The magistrate also stated that the allegations of threatening to kill are very serious, and the court should consider the impact of the decision on the complainant to admit the plea without sufficient genuine reasons.

The Magistrate scheduled the matter to proceed to the hearing on June 22 and 26, this year.

On November 30, 2025, the court ordered the DPP to appear to explain the decision to withdraw the matter.

“I hereby direct the DPP Renson Ingonga to appear in court for explanation of the decision to withdraw the matter,” the Magistrate ruled.

The summons followed after the court notified that the earlier orders directing the DPP to supply the defence with the letter they wrote seeking the withdrawal of the charges were not provided.

The DPP, through the state prosecutor, had applied for the withdrawal of the case through a letter where Shailesh Kumar Rai is facing charges of threatening to kill Punjani Riyaz Mahammadali, a co-director in Heritage Flowers Ltd. The ODPP cited the file’s status as “under review” as the reason for the withdrawal.

During the time of the application, the defence informed the court that they were not informed about the intention to withdraw the case by the DPP.

The hearing will proceed on June 22 and 26 this year.