DCI Chief Mohamed Amin, Director of Public Prosecutions (DPP) Renson Ingonga, and two senior DCI investigators are facing a serious threat of civil imprisonment. A former Savannah Cement shareholder, John Gachanga Kaiganaine, has petitioned the High Court over their alleged defiance of court orders and refusal to surrender critical evidence linked to a disputed Sh4.5 billion loan scandal. Kaiganaine has instituted high-stakes contempt of court proceedings targeting the top investigative and prosecutorial authorities.
The high-stakes legal feud traces its origins back to a bitter boardroom battle and subsequent criminal inquiry into allegations that former Savannah Cement investor Benson Ndeta and US national Charles Hill Jr fraudulently procured a Sh4.5 billion credit facility from Absa Bank Kenya in 2017 using forged authorisations. Following extensive complaints lodged by founding shareholders John Gachanga Kaiganaine and Donald Kiboro Mwaura, the pair was formally charged with conspiracy to defraud, making false documents, and uttering forged papers.
However, the criminal case suffered a major setback when the High Court subsequently quashed the prosecution, ruling that the conflict was fundamentally a civil commercial dispute and declaring the criminal trial an abuse of the judicial process. Despite this, state investigative agencies allegedly refused to hand over physical or digital copies of the evidence dossier, breaching a clear directive issued by Milimani Resident Magistrate Carolyne Nyaguthii Mugo on February 6, 2026.
According to fresh affidavits sworn by Kaiganaine, the magistrate had explicitly instructed DCI detectives and prosecutors to supply the complainant with certified copies of all witness testimonies, bank communications, and documentary exhibits intended for use in the criminal prosecution. Kaiganaine disclosed that while detectives allowed him, Mwaura, and their legal counsel to physically inspect the file, investigators strictly forbade them from photocopying, scanning, or photographing any portion of the documents.
The aggrieved shareholder contends that withholding the police dossier severely crippled his ability to participate effectively as a primary witness and sabotaged his legal strategy in a parallel constitutional petition tied to the collapsed prosecution. Kaiganaine argues that mere physical viewing without physical copies fell far short of the constitutional standard for full disclosure. He is now demanding that the court compel the top law enforcement officials to face the consequences of their actions.
Kaiganaine is requesting the court to issue far-reaching punitive orders beyond civil imprisonment, including compelling the Attorney-General to immediately take custody of the original police file and ordering DCI Chief Mohamed Amin, DPP Renson Ingonga, and the lead investigators to deposit their official travel passports with the court. The Inspector-General of Police and the Attorney-General have been officially named as interested parties in the suit to enforce strict compliance with any eventual sanctions handed down by the bench.
The High Court has scheduled the matter for mention on December 2 to issue further directions on whether to summon the top law enforcement officers to show cause why they should not be jailed. This escalating legal warfare marks the latest chaotic chapter in the collapse of Savannah Cement, once one of East Africa's promising building material manufacturers. The company buckled under staggering debts exceeding Sh14 billion in 2022 before falling into administration.
Key points
- DCI Chief Mohamed Amin and DPP Renson Ingonga face a 6-month jail term for allegedly defying court orders and refusing to surrender critical evidence in a Sh4.5 billion loan scandal.
- The dispute originated from a bitter boardroom battle and allegations of a Sh4.5 billion credit facility procured using forged authorisations from Absa Bank Kenya in 2017.
- The case has been scheduled for mention on December 2 to determine whether to summon the top law enforcement officers to show cause why they should not be jailed.
