Ex-KEPSA Chair Nicholas Nesbitt seeks to quash Ksh.102M fraud charges

Former Chairman of the Kenya Private Sector Alliance (KEPSA), Nicholas Alexander Nesbitt, has filed a case at the Milimani High Court seeking to quash criminal charges against him amounting to Ksh.102 million.

In a suit filed under a certificate of urgency, Nesbitt argues that the charges infringe his constitutional rights, including the right to due process, fair administrative action, equality before the law, and human dignity.

“That this Honourable Court be pleased to issue a declaration that the ongoing prosecution of the Petitioner in Milimani Criminal Case No. E034 of 2025 — Republic v Nicholas Alexander Nesbitt & Others — violates the Petitioner’s rights under Articles 10, 27, 28, 29, 47, 50, and 159 of the Constitution,” reads part of the petition.

The former KEPSA chair wants the court to declare his arrest and prosecution as an abuse of power by the Director of Public Prosecutions (DPP), the Directorate of Criminal Investigations (DCI), and the Inspector General of Police.

Further, he is seeking an order of prohibition to bar the DPP, DCI, and the IG from pursuing any further investigations, arrests, or prosecutions related to the case.

The matter is now before the High Court, which will determine whether the prosecution should proceed or be terminated on constitutional grounds.

Nesbitt was charged in January with allegedly conspiring to defraud Bidco boss Vimal Bhinji Shah of Ksh.102 million on May 24, 2023.

He pleaded not guilty before Milimani Senior Principal Magistrate Gilbert Shikwe.

The charge sheet stated that he committed the offence together with Briton Boytorun Mehment (not in court at the time) and Bee and Bee Kenya.

Court documents indicated that the businessman pretended that they were in a position to convert the millions into US Dollars at good rates.

He was, at the time, released on a cash bail of Ksh.500,000 or an alternative bond of Ksh.1 million.