DPP Igonga Seeks to Dismiss Nicholas Nesbitt’s Bid to Halt Sh102M Fraud Prosecution
Director of Public Prosecutions (DPP) Renson Ingonga has asked the High Court to dismiss an application filed by former Kenya Private Sector Alliance (KEPSA) chairman Nicholas Alexander Nesbitt Bulet, who is seeking to stop his prosecution in an alleged Sh102 million fraud case.
In submissions supported by the Directorate of Criminal Investigations (DCI) and Bidco Africa CEO Vimal Shah, the DPP argued that Nesbitt’s case was an abuse of court process, crafted to derail a legitimate criminal trial.
DPP: Application Is Meant to Block Justice Process
The prosecution told Justice John Chigiti—who earlier issued orders suspending the criminal case—that there was no legal basis to halt the matter, insisting that the application was intended to “circumvent the criminal justice system” and stop prosecutors from performing their constitutional functions.
They maintained that no evidence had been provided to show that the DPP acted outside his powers, violated natural justice, relied on improper motives, or acted with malice when approving charges against Nesbitt.
“The applicant is inviting the court to analyse the evidence and determine if a case exists, a mandate that strictly belongs to the trial court,” the DPP submitted.
Prosecution Says Evidence Is Sufficient
The DPP told the court that the decision to prosecute the businessman was based on sufficient evidence, public interest, and the need to protect the integrity of financial transactions.
They argued that Nesbitt failed to demonstrate that the prosecution acted irrationally or abused its authority, saying there was no proof of harassment, intimidation, or manipulation that could compromise his right to a fair trial under Article 50 of the Constitution.
Nesbitt Facing Charges Over Alleged Sh102M Currency Conversion Scam
Nesbitt, who pleaded not guilty before Senior Principal Magistrate Gilbert Shikwe ten months ago, is accused of conspiring to defraud Vimal Shah on May 24, 2023, in Nairobi.
The charge sheet alleges that he, together with Briton Boytorun Mehment (who has since fled Kenya) and Bee and Bee Kenya Ltd, falsely claimed they could convert Sh102 million into US dollars at favourable rates.
He was released on Sh500,000 cash bail or an alternative Sh1 million bond.
Court to Decide Whether to Lift Suspension
The DPP wants the High Court to lift the current suspension and allow the trial to proceed without further delay. Justice Chigiti is expected to deliver a ruling on whether the fraud case will resume.