A high-stakes legal showdown over the proposed withdrawal of a Ksh 706 million fraud case is set for a decisive ruling on July 29, 2025. The case has seen intense opposition between the prosecution, the defense and the complainant, with each side trading legal blows over the fate of the proceedings.
At the center of the case is businessman Jayesh Kumar Prabhudas Kotecha and Midland Haulers Limited, who are accused of engaging in fraudulent activities amounting to over Ksh 706 million.
The controversy began in June 2025 when the Office of the Director of Public Prosecutions (ODPP) moved to withdraw the case, citing ongoing insolvency proceedings Insolvency Petitions E012 of 2019 and E008 of 2019 before the High Court. According to the prosecution, these civil proceedings significantly overlap with the criminal trial, and continuing with the charges without final outcomes from the insolvency matters could amount to abuse of court process.
The accused face five charges, including attempted fraud, mishandling mortgaged property, unlawful operation of a company under administration, and failure to cooperate with a court-appointed administrator.
The ODPP invoked Article 157(2) of the Constitution, which allows it to discontinue proceedings if deemed necessary. However, this move has been met with fierce resistance from the complainant’s legal team.
The complainant’s lawyer strongly objected to the withdrawal attempt, accusing the ODPP of overstepping its constitutional mandate and obstructing justice. He dismissed the reference to the insolvency cases as irrelevant, arguing that the administrator who also serves as the complainant was the one who initially raised the alarm about the alleged fraud.
He further pointed out that similar arguments led to the withdrawal of charges against a co-accused in January 2024, despite the case having already progressed to the pre-trial stage with witnesses prepared to testify. “We had everything in place to proceed. Now the prosecution wants to abandon the case without even informing the complainant,” he argued, calling it a clear violation of victims’ rights.
The court is expected to determine whether the prosecution’s attempt to withdraw the case will be allowed, or whether the trial will proceed to its full conclusion..
