US Businessman Charles Hill Jr Challenges Kenyan Court Proceedings Alleging Unfair Prosecution
Nairobi, Kenya — Charles Hill Jr, a US-based businessman and shareholder in Savannah Heights Limited, has taken his legal battle to Kenya’s High Court in an effort to halt criminal proceedings against him. Hill claims the charges, which include obtaining credit by false pretences, are unlawful, discriminatory, and a violation of his constitutional rights.
The case, filed at the Milimani Law Courts, accuses Hill and his co-accused, Benson Sande Ndeta, of fraudulently securing a $35 million loan (approximately Sh4.5 billion) from Absa Bank Kenya PLC (formerly Barclays Bank Kenya) between February 2017 and January 2018. Prosecutors allege the duo acted on behalf of Savannah Cement Limited under false pretences, a charge Hill vehemently denies.
In his affidavit, Hill argues that the High Court had already addressed the legality of the loan in a previous ruling. He asserts that the court found no evidence of fraud, forgery, or misuse of funds, and confirmed that the loan approval process was lawful. Key individuals, including Donald Mwaura and John Gachanga Kaiganaine, were present during the meeting, and corporate resolutions authorizing the loan were deemed valid.
Hill’s petition names the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP), the Chief Magistrate’s Court in Nairobi, and the Attorney General of Kenya as respondents. He contends that the ongoing criminal case undermines the High Court’s earlier findings and represents a parallel process that challenges a binding judicial decision.
The businessman has raised concerns over what he describes as “selective prosecution,” noting that individuals identified as participants in the loan approval process—including Mwaura and Kaiganaine—are now listed as complainants in the criminal case rather than co-accused. Hill argues that this selective approach violates Article 27(1) of the Kenyan Constitution, which guarantees equality before the law and freedom from discrimination.
“This raises serious questions about the fairness and objectivity of the prosecution,” Hill stated in his affidavit. He further accused the prosecution of being driven by ulterior motives, claiming it is an abuse of the legal process.
Hill is seeking conservatory orders to halt the criminal proceedings at the Magistrate’s Court, warning that failure to intervene would expose him to injustice. He maintains that the case is not only unfounded but also a direct challenge to the integrity of Kenya’s judicial system.
The businessman, who resides in the United States, claims he only recently became aware of the criminal charges against him. His legal team argues that proceeding with the case would violate his right to fair administrative action under Article 47 of the Constitution.
As the High Court deliberates on Hill’s petition, the case has sparked debates about the independence of Kenya’s legal system and the potential for selective prosecution. Critics argue that the case highlights systemic issues within the country’s judicial processes, while supporters of Hill’s petition emphasize the need for consistency and fairness in legal proceedings.
This high-profile case continues to unfold, with Hill’s legal team pushing for clarity and justice. The outcome could set a significant precedent for how similar cases are handled in Kenya’s courts.
— Reported by Nexio News
