The High Court in Nairobi dismissed the criminal case against businessman Benson Sande Ndeta, who faced allegations of forgery, fraud and obtaining credit by false pretences linked to a Sh4.5 billion loan for Savannah Cement Limited.

Justice Bahati Mwamuyé ruled that the prosecution constituted an abuse of the court process, citing fresh evidence from a separate commercial dispute that contradicted the criminal allegations.

The judgment ordered the quashing of the charge sheet and all proceedings in Milimani Chief Magistrate's Court Criminal Case No. E1218 of 2024, which also involved Charles Hill Jr.

The judge highlighted that findings from Milimani High Court Commercial Suit No. E081 of 2023 had fundamentally undermined the basis of the criminal case, confirming the validity of borrowing resolutions from Absa and KCB banks.

Justice Mwamuyé declared the criminal proceedings “unlawful, null and void ab initio” and issued a prohibition order preventing any further charges or trials against Ndeta over the disputed loan and share acquisition.

The respondents were ordered to bear the costs of the suit.

Background to the dispute

Ndeta had argued that the criminal prosecution was driven by ulterior motives, including attempts to settle commercial disagreements and to impede his interest in acquiring shares in Bamburi Cement.

The Directorate of Criminal Investigations had forwarded a completed file to the Director of Public Prosecutions, who independently decided there was sufficient evidence to charge Ndeta, citing evidential and public‑interest considerations.

The High Court, however, found that the DPP had abused its prosecutorial discretion, noting that the decision to charge was based on allegations already discredited by the commercial court and motivated by extraneous purposes.

Legal aftermath and next steps

The September judgment supersedes an earlier December 2025 decision that dismissed Ndeta’s constitutional petition, bringing both the constitutional challenge and the related criminal proceedings to a final close.

Ndeta had sought a review after learning of the commercial‑court judgment, which the High Court in May 2026 deemed new and material evidence capable of affecting the outcome.