DPP free to prosecute foreign nationals over 2014 aircraft leasing row, court rules

Justice Joe M. Omido delivered the judgment, ruling that the Director of Public Prosecutions DPP acted within constitutional bounds. The petitioners, Alfred Geoffrey Leach, David Berry, Michael Allan McKeever, and Christopher Bruce Wilhelm, face charges of forgery and conspiracy to commit a felony. These charges stem from a 2014 aircraft sale and leasing transaction between Wilken Aviation Limited and Flying Tiger Oversize Cargo Pty Ltd, which led to disputes over the aircraft's registration, deregistration, and maintenance.

The petitioners argued that the Directorate of Criminal Investigations DCI and the DPP violated their constitutional rights by charging them without prior notice or an opportunity to be heard, and contended the matter was purely commercial. However, Justice Omido found no evidence of constitutional violations, stating that the existence of a commercial dispute does not offer protection from criminal liability when evidence discloses an offense. The court also held that constitutional litigation cannot substitute a criminal trial, allowing the criminal proceedings against the four accused persons in Kisumu to continue.