Nairobi businessman Abdirahman Abdi
A Nairobi businessman, Abdirahman Abdi Abdi, is once again facing legal jeopardy after the High Court overturned a ruling that had allowed the withdrawal of a Sh300 million land fraud case against him.
The decision, delivered by Justice Alexander Muteti, has revived the high-stakes fraud case that had been on the verge of collapse following a controversial withdrawal sanctioned at the Milimani Law Courts.
High Court Faults Trial Magistrate’s Ruling
On Tuesday, Justice Muteti set aside a ruling by Milimani Principal Magistrate Geoffrey Onsarigo, who had permitted Director of Public Prosecutions (DPP) Renson Ingonga to terminate the case under Section 87(a) of the Criminal Procedure Code (CPC).
The judge ruled that the trial court erred by disregarding the rights and submissions of the complainant, Pansiba Limited, which had strongly opposed the withdrawal.
“The ruling by the trial magistrate allowing the withdrawal of the case under Section 87(a) of the Criminal Procedure Code is hereby set aside,” Justice Muteti declared.
“The DPP’s exercise of discretion in this case was improper, irregular and incorrect in law.”
The matter has now been remitted to the Chief Magistrate’s Court for fresh allocation and proceedings.
Victims’ Rights Must Be Respected
In his judgment, Justice Muteti emphasized that victims of crime have a right to fair treatment in criminal proceedings, warning courts against focusing solely on the interests of the accused.
He rejected the argument that a pending civil case justified terminating the fraud charges, pointing to Section 193A of the CPC, which allows civil and criminal cases to run concurrently.
“The existence of civil proceedings cannot be a ground to shield criminal accountability where sufficient evidence exists,” the judge noted.
Pansiba Limited Wins Key Round
The complainant, Pansiba Limited, had challenged the withdrawal through its lawyer, Ben Musundi, arguing that the trial court had failed to consider evidence showing Abdi’s alleged fraudulent conduct.
The High Court agreed, affirming that the DPP had initially reviewed the police file and found sufficient evidence to sustain charges before changing course.
As part of the new directives, Justice Muteti ordered that the case be held in temporary abeyance to allow Pansiba Limited to formally engage the DPP.
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The company must submit its concerns in writing to the DPP within seven days.
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The DPP will then be required to review the submissions and communicate its decision to the trial court by October 27, 2025.
What This Means for the Businessman
Until the review is concluded, Abdi will remain free on his current bail terms. However, the ruling means that the fraud case, previously thought to be settled, is very much alive.
If the DPP reaffirms the charges after considering the complainant’s submissions, the businessman could face a full criminal trial over the disputed Sh300 million land deal.
Wider Implications
Legal analysts say the decision underscores the limits of prosecutorial discretion under Section 87(a) of the CPC and the growing recognition of victims’ rights in criminal cases.
The ruling also sends a strong message that criminal accountability cannot be sidestepped by citing civil disputes, a common tactic in high-value fraud and land cases in Kenya.
Conclusion
With Justice Muteti’s decision, the Sh300 million fraud case against Abdirahman Abdi has been dramatically revived. The outcome of the DPP’s review and subsequent proceedings will determine whether the businessman faces trial in what promises to be one of Nairobi’s most closely watched commercial fraud battles.