Court Threatens to Summon DPP Over Withdrawn ‘Threat to Kill’ Case
The DPP, through a state prosecutor, had applied for the withdrawal of the case where Shailesh Kumar Rai is charged with threatening to kill Punjabi Riyaz Mahammadali, a co-director in the company.
The Nairobi court has threatened to summon the Director of Public Prosecutions DPP to explain the reasons behind the application to withdraw a criminal threatening to kill case against a company’s director.
The DPP, through a state prosecutor, had applied for the withdrawal of the case where Shailesh Kumar Rai of Heritage Flowers is charged with threatening to kill Punjabi Riyaz Mahammadali, a co-director in the company.
The ODPP had written a letter requesting that the court withdraw the matter, as the file was under review.
The defence lawyer, Daniel Gachau Mwangi, representing the complainant, vehemently opposed the application by the ODPP, citing that they had not been supplied with the said letter.
“Your honor, we oppose the application to withdraw this matter since we have not been supplied with the said letter to see the grounds raised for the review of the file,” Gachau told the Magistrate.
The lawyer added that the allegations of threatening to kill are grave, and he invited the court to consider the impact of the matter on the complainant to be withdrawn without sufficient genuine reasons.
The lawyer further stated that the case before the court is criminal, and despite being another matter filed in the Commercial Division by the same parties, the current case is criminal, which is supposed to be heard in a criminal court.
In determining the matter, the Milimani Principal Magistrate, Caroline Nyaguthii, considered the application by the parties, noting that the defence had yet to be supplied with the said letter to see the grounds under which the DPP sought the withdrawal.
“I have noted that the defence is yet to be supplied with the said letter. for being fair in prosecuting the case, the defence must be supplied with the letter by the prosecution within seven days,” the Magistrate said.
The court granted the DPP seven days to serve the letter on the defence; in default, they would appear in court to explain.
The matter will be mentioned on October 16, 2025, to confirm compliance.
