DPP moves to withdraw Sh110m theft case against flower firm director, wife

Director of Public Prosecutions (DPP) Renson Ingonga has applied to withdraw a Sh110 million theft case against a director of a flower company and his wife.

The DPP, through prosecuting counsel Virginia Kariuki, told Milimani Principal Magistrate Paul Mutai that the decision to terminate the criminal case against Shailesh Kumar Rai and his wife Ranjeeta Pandey Rai was arrived at after a comprehensive review of the file.

“After a review of this case the DPP came to the conclusion that the current matter can be pursued in a civil court and resolved there,” Ms Kariuki told Mr Mutai.

She informed the magistrate that she has been instructed to apply for the withdrawal of the criminal case since the proper forum to resolve the dispute is the civil court.

Ms Kariuki said the complainants have been advised to proceed to the civil court.

The withdrawal application was opposed by the defense lawyer claiming they would need time to seek instructions to respond to the application by the DPP regarding the withdrawal of the matter.

"Your Honour, we oppose the application by the DPP to withdraw the matter and we request for time to respond to their application," the lawyer said.

Giving directions on the DPP's and the defense’s submissions, the magistrate directed all the parties to file written submissions on their rival positions.

"I have considered the application by the DPP and the defense and I hereby direct both parties to file their written submissions arguing their rival positions," the magistrate ruled.

Mutai further required the parties to file their written submissions and scheduled the matter for mention on September 30, 2025, to confirm the compliance with the directions they file written submissions stating their positions.

The couple is charged with stealing Ksh 110 million on September 21, 2021, being directors Heritage Flowers Ltd.

Shailesh Kumar Rai and his wife Ranjeeta Pandey Rai who are directors at Rosalia Blooms Limited, together with two employees Isaac Ikua Kihara and Chris Oyunge have denied several charges of conspiracy to defraud and forgery.

Rai, Ranjeeta, Ikua and Oyunge denied conspiring to defraud Euros 368,416.71 (Sh60,678,687) and USD 348,166.94 (Sh49,578,972) the property of Heritage Flowers Limited.

The charges state that on September 21, 2021, and August 2022, at Diamond Trust Bank (DTB) in Nairobi, they concealed the disposition of monies they knew were proceeds of crime.

The husband and wife were further accused of concealing a transaction of USD 88,495 (Sh12,566,290) at DTB.

Also Rai, Ranjeeta and Kihara face another charge of forging minutes of the operations meeting of the management team dated September 17, 2021, purporting to be genuine.

The four were also charged in another count of forging a Commission Agreement at Heritage Flowers Limited Offices located at TRV Parkwest Office.

Rai and Ranjeeta face the seventh count of forging a loan agreement between Rosalia Bloom Limited (lender) and Shailesh Kumar (borrower), purporting it to be a genuine document made and signed on February 22, 2022.

Rai is further accused of forging minutes of a virtual meeting of directors of Rosalia Bloom Ltd on February 19, 2022.

All four face a joint count of forging a Trust Deed between Rosalia Bloom Ltd and Heritage Flowers Limited dated September 26, 2021.

The last count is that Shailesh, Ranjeeta, Ikua, Ontita, and Rosalia conspired to defraud Heritage Flower Ltd Sh10,520,919, Euros 368,416.71 (Sh60,678,697) and USD 348,166.94 (Sh49,578,972).

They are out on a bond of Sh2 million each.