Court deals blow to turkish tycoon as witness interference case proceeds

Turkish billionaire Osman Elsek, Gokmen Sandikci and lawyer Cliff Ombeta at the Mombasa Law Courts on January 27, 2026. [Kelvin Karani, Standard]

The Court of Appeal in Mombasa has declined to halt the prosecution of fugitive Turkish billionaire Elsek Osman, who is facing charges of interfering with witnesses in a defilement case.

Osman had initially been charged with nine counts of child prostitution and committing indecent acts in 2019, but was acquitted of all charges by Kilifi Chief Magistrate James Mwaniki on March 24, 2025, under Section 210 of the Criminal Procedure Code.

However, in a separate case filed in 2022 at the Mombasa Chief Magistrate’s Court, Osman and co-accused Aziz Mwadani were charged with interfering with witnesses in the same matter.

Appellate judges Francis Tuiyot, Kibaya Laibuta and Ngenye Macharia dismissed Osman’s application seeking to stop the proceedings, upholding an earlier decision by High Court Judge Kagendo Micheni.

In their ruling, the judges said claims by Osman and Mwadani that they would suffer prejudice if the case proceeds were unfounded.

Justice Tuiyot noted that the accused persons still have legal avenues to challenge any outcome.

“In the event that they are found guilty, they would have leeway to appeal to the High Court. Further, should the High Court make a decision against them, and they are aggrieved, they would be at liberty to seek redress in a second appeal to this Court,” he ruled.

In his appeal, Osman argued that the charges were defective, claiming there was no formal complaint recorded in a police Occurrence Book (OB), which he said formed the basis of the witness interference charges.

He further contended that after his acquittal in the defilement case, the fresh charges were brought without any complaint from the alleged victims.

Osman also questioned the legality of relying on an anonymous report, arguing that it was unprocedural and violated his right to a fair trial.

He sought clarity on whether a complaint must be recorded in an OB under the National Police Service Act and Standing Orders, and whether a letter from the Child Protection Unit (CPU) could constitute a valid complaint.

The businessman maintained that the charges against him infringed on his constitutional right to a fair trial.

Earlier, Osman and Mwadani had filed an application on May 29, 2024, before the Mombasa magistrate’s court seeking to terminate the case. The application was dismissed, prompting a review request filed on July 15, 2024.

Subsequently, Osman moved to the High Court seeking to stop the prosecution pending revision of the lower court’s decision.

Before Justice Micheni, Osman argued that the absence of an OB entry invalidated the charges. However, the judge dismissed the claim, noting that the case involved children, a vulnerable group, and could proceed even without a formal complaint recorded in an OB.

In her June 26, 2025 ruling, Justice Micheni held that there was no error on record to warrant interference with the magistrate’s decision.

Osman later filed another application at the Court of Appeal dated July 8, 2025, seeking ex-parte orders to stay Justice Micheni’s ruling and orders, which has now been dismissed, clearing the way for the trial to proceed.