Prosecutors Move to Drop Sh110 Million Fraud Case, Citing It as a Civil Dispute

The Director of Public Prosecutions (DPP) has applied to withdraw a criminal case in which a director of a flower company and his wife were charged with stealing Ksh 110 million.

Through a prosecuting counsel, Virginia Kariuki, the DPP told the Milimani principal magistrate, Paul Mutai, that the decision was concurred after a comprehensive review of the file and concluded that they can pursue the matter in a civil court.

“The instructions were to apply for the withdrawal of the matter since the best forum to solve the dispute is before a civil court where the complainants can proceed,” Kariuki told the Magistrate.

The defence lawyer vehemently opposed the application, citing that they would need time to respond to the DPP’s application to withdraw the matter.

“Your honor, we oppose the DPP’s application to withdraw the matter and request time to respond to their application,” the lawyer said.

In giving directions, the Magistrate considered the prosecution’s application and the defence’s plea and halted the withdrawal until both sides presented their written submissions.

“I have considered the application by the DPP and the defence, and I hereby urge both parties to file their written submissions,” the Magistrate said.

Further, the Magistrate directed the parties to file their written submissions and scheduled the matter for mention on September 30, 2025, to confirm the filing.

The duo, who were directors of Heritage Flowers Ltd, were charged with stealing Ksh 110 million on September 21, 2021.

Shailesh Kumar Rai and his wife Ranjeeta Pandey Rai, directors at Rosalia Blooms Limited, together with two employees, Isaac Ikua Kihara and Chris Oyunge, appeared before Milimani Senior Principal Magistrate Martha Nanzushi and denied several charges of conspiracy to defraud and forgery.

Rai, Ranjeeta, Ikua, and Oyunge denied conspiring to defraud Euros 368,416.71 (Sh60,678,687) and USD 348,166.94 (Sh49,578,972) the property of Heritage Flowers Limited.

Through state counsel Judy Ingutia, the prosecution alleges that on September 21, 2021, and August 2022, at Diamond Trust Bank (DTB) in Nairobi, they concealed the disposition of monies they knew were proceeds of crime.

The husband and wife were further accused of concealing a transaction of USD 88,495 (Sh12,566,290) at DTB.

Also, Rai, Ranjeeta, and Kihara face another charge of forging the minutes of the operations meeting of the management team dated September 17, 2021, purporting to be genuine.

The four were also charged another count of forging a Commission Agreement at Heritage Flowers Limited’s Offices, located at TRV Parkwest.

Rai and Ranjeeta face the seventh count of forging a loan agreement between Rosalia Bloom Limited (lender) and Shailesh Kumar (borrower), purporting it to be a genuine document made and signed on February 22, 2022.

Rai was further accused of forging minutes of a virtual meeting of Rosalia Bloom Ltd.’s directors on February 19, 2022.

All four face a joint count of forging a Trust Deed between Rosalia Bloom Ltd and Heritage Flowers Limited dated September 26, 2021.

The last count is that Shailesh, Ranjeeta, Ikua, Ontita, and Rosalia conspired to defraud Heritage Flower Ltd, Sh10,520,919, Euros 368,416.71 (Sh60,678,697), and USD 348,166.94 (Sh49,578,972).

They were granted a bond of Ksh 2 million each.