Directors of Heritage Flowers Limited, Shailesh Kumar Rai and Ranjeta Pandey Rai, have received reprieve after the Office of the Director of Public Prosecutions (ODPP) applied to withdraw criminal charges filed against them by a fellow director.
The two directors, together with Isaac Ikua Kihara, Chris Oyunge Ontita, and Rosalia Blooms Limited, had been facing charges of conspiracy to defraud in a case that has been before the court since 2022.
When the matter came up for mention today, Magistrate P.K. Mutai was informed that following a comprehensive review, the DPP concluded that the dispute was more appropriately resolved through civil proceedings rather than the criminal court.
Consequently, the ODPP sought to withdraw the charges under Section 87A of the Criminal Procedure Code to allow the parties to pursue a civil remedy.
The ODPP cited Article 157(6)(c) of the Constitution, which empowers the office to discontinue criminal proceedings at any stage before judgment.
However, counsel for the complainant opposed the application, requesting time to file a response.
The court subsequently directed all parties to submit their responses on or before September 30.
The complainant had accused the directors of conspiring to defraud the flower company of Ksh 10,520,919, €368,416.71, and USD 348,166.94, as well as forging minutes of management meetings and a commission agreement.
Upon review, however, the DPP determined that the issues raised were of a civil nature and should not have been pursued as criminal charges.
The accused directors have consistently maintained that the charges were instigated by their business partner and 50% shareholder, Mr. Riyaz Punjani, whom they accuse of using the criminal justice system to settle a shareholder dispute.
In a joint statement following the ODPP’s application, the directors said:
“After careful consideration, the ODPP has officially applied to withdraw the charges, affirming that there is no sufficient evidence to sustain a criminal case. This matter rightly belongs in the civil courts.”
They further assured stakeholders of their company’s integrity, stating:
“Heritage Flowers Ltd has always operated with transparency, integrity, and in full compliance with the law. We remain committed to safeguarding the interests of the company, our employees, and our valued customers.”
The management also cautioned against the misuse of the criminal justice system in resolving shareholder disputes, stressing that governance and partnership issues should be addressed through proper legal and commercial channels.
The case is scheduled for mention on September 30, 2025, to confirm filing of submissions.
