High Court allows DPP to drop Sh112m fraud case against businessmen

The High Court has overturned a ruling that blocked the Director of Public Prosecutions (DPP) from dropping criminal charges against two businessmen.

Justice Alexander Muasya Muteti overruled a magistrate’s decision over the application to halt proceedings against Jayesh Chavda and Tribhovan Chavda, directors of TRV Towers Ltd, accused of defrauding their company of over Sh112 million.

The judge said the DPP’s decision should be respected unless there was clear evidence of bad faith or abuse of power. 

“Whereas the trial court has powers to interfere with the DPP’s exercise of discretion to discontinue charges, the court must do so sparingly and only in exceptional and clearest cases of abuse of discretion,” he ruled. 

The two were said to have siphoned the millions  from the company’s accounts between 2019 and 2023, and forged documents to open bank accounts.

The charges were approved by the DPP on September 25, last year, following evidence from the Directorate of Criminal Investigations. 

However, procedural issues arose after DPP discovered a second investigation file by the Banking Fraud Investigation Unit.

Concerned about possible abuse of the legal process, the DPP moved to withdraw the charges under Section 87(a) of the Criminal Procedure Code pending consolidation and review of the files.

But Chief Magistrate Ben Mark Ekuhbi rejected the request, terming it an attempt to shield the accused and alleging the DPP had acted in bad faith.

He ordered the Chavdas to take plea, prompting the DPP to seek revision before the High Court.