A former shareholder of Savannah Cement, John Gachanga Kaiganaine, has petitioned the High Court to jail the Director of Criminal Investigations (DCI) and Director of Public Prosecutions (DPP) for allegedly disobeying a court order to release evidence in a Sh4.5 billion loan fraud case. The case involves allegations that a former Savannah Cement shareholder, Benson Ndeta, and an American national, Charles Hill Jr, fraudulently obtained a $35 million loan from Absa Bank in 2017 using documents purportedly authorising the borrowing on behalf of the company.
The DCI investigated the allegations, but Mr Kaiganaine claims that despite a court order dated February 6, 2026, the DCI boss, Mohamed Amin, DPP Renson Ingonga, and two investigators, Kellen Shivachi and Joseph Mucheru, have failed to release witness statements and documentary evidence. Mr Kaiganaine is seeking six-month jail terms for the officials over their alleged failure to comply with the court order. He argues that the missing documents have hampered his participation in related proceedings, including a constitutional petition challenging the prosecution.
The case has a complex history, with Mr Ndeta and Mr Hill Jr being acquitted after the High Court found that the trial was an abuse of legal process. The court ruled that the row was a civil dispute, not a criminal matter. However, Mr Kaiganaine, who is a complainant in the criminal case, argues that the withholding of evidence prevents him from preparing adequately as a complainant and witness. He claims that repeated requests for the witness statements and evidence have gone unanswered.
Mr Kaiganaine, a director and shareholder of Savannah Heights Limited, says he and fellow shareholder Donald Kiboro Mwaura complained to investigators about the transactions. The two were business partners at the cement company before it collapsed in 2022 under a Sh14 billion debt burden and its acquisition by a consortium of investors in 2025. The company's collapse led to a commercial fight over Savannah Cement's borrowing arrangements and corporate governance.
The application to jail the DCI boss, DPP, and investigators adds a fresh twist to the Sh4.5 billion loan row. Mr Kaiganaine's petition asks the High Court to declare the officials in contempt and commit them to civil jail for six months. It also seeks an order compelling the Attorney-General to release the police file and requiring the officials to deposit their travel documents. The Inspector-General of Police and Attorney-General have been named as interested parties.
The dispute has been ongoing, with Mr Kaiganaine and Mr Mwaura arguing that the approval of the bank loan must be considered alongside findings in a related commercial case. The High Court ruled in September 2026 that Mr Ndeta's prosecution was unlawful and null and void, prompting a separate challenge by Mr Kaiganaine, Mr Mwaura, and Savannah Heights. The court has fixed December 2 for a mention to give further directions.
The case raises questions about the handling of evidence in criminal investigations and the accountability of law enforcement officials. Key issues include the failure to release evidence, the impact on the complainant's participation in related proceedings, and the potential consequences for the officials involved.
Key points
- A former Savannah Cement shareholder wants the High Court to jail the DCI boss and DPP for allegedly defying a court order to release evidence in a Sh4.5 billion loan fraud case.
- The case involves allegations that a former Savannah Cement shareholder and an American national fraudulently obtained a $35 million loan from Absa Bank in 2017.
- The application seeks to have the officials declared in contempt and committed to civil jail for six months, and also seeks an order compelling the Attorney-General to release the police file.
