Savannah Cement founders move to block Ndeta bid to halt Sh4.5billion fraud trial
The founders of a Kitengela-based cement company have moved to join a court petition filed by businessman Benson Sande Ndeta, who is seeking to halt his prosecution in a Sh4.5 billion bank fraud case linked to the collapse of Savannah Cement.
Donald Kiboro Mwaura, John Gachanga Kaiganaine, and Savannah Heights Limited told the court that they have a direct and substantial interest in the matter and should therefore be enjoined in the proceedings.
They argue that any decision to stop the criminal trial would raise significant issues of public interest and affect the administration of justice.
In their application, the trio contends that allowing Ndeta’s petition would contradict earlier court rulings in which the High Court declined a similar request to suspend the same criminal proceedings.
They argue that the current application raises issues that have already been conclusively determined and amounts to an abuse of the court process.
They further maintain that reliance on a separate civil dispute involving Savannah Heights Limited is misplaced, saying the matter was purely commercial and did not address any criminal liability. According to them, the issues now being raised mirror those previously settled by the courts.
“Granting a stay of criminal proceedings would be contrary to the express judicial findings in the constitutional petition and would subvert the rule of law, the principle of legality, and the constitutional mandate of the Director of Public Prosecutions under Article 157 of the Constitution,” the applicants argued.
Ndeta is charged alongside Charles Hills Jr with conspiracy to defraud Absa Bank of $35 million (Sh4.5 billion).
The prosecution alleges that between February 2017 and January 2018, the two conspired to defraud the bank while purporting to act on behalf of Savannah Cement Limited.
They are accused of using forged documents, including board minutes and loan security instruments, to secure financing from Absa Bank.
Ndeta is also accused of knowingly presenting forged corporate guarantee documents in May 2018 at the bank’s Nairobi headquarters.
Hills Jr faces additional charges of forging board minutes and a subordination agreement, allegedly presenting himself as a director and chairman of Savannah Heights Limited during the transactions.
The case has seen multiple legal applications seeking to stop the trial.
Just a month ago, a Nairobi court extended arrest warrants against Ndeta and his co-accused after they failed to appear for plea taking while pursuing fresh High Court orders to halt the prosecution.
A magistrate ruled that the warrants remain in force, citing non-compliance with earlier court directives.
The matter is scheduled for mention in May 2026 for further directions, pending determination of ongoing High Court applications.
Ndeta has previously unsuccessfully sought to quash the charges, with the High Court ruling that the Director of Public Prosecutions acted within the law and that the case should proceed to trial.
