A Nairobi court has ordered the Office of the Director of Public Prosecutions (ODPP) to provide a letter explaining its request to withdraw a criminal case against Shailesh Kumar Rai, or risk summons to appear in court.

Mr. Rai, a director at Heritage Flowers, is charged with threatening to kill his co-director, Punjabi Riyaz Mahammadali. The ODPP, through a state prosecutor, had applied to withdraw the case, prompting strong opposition from the complainant’s lawyer.

Principal Magistrate Caroline Nyaguthii Mugo issued the directive after defence counsel Daniel Gachau Mwangi, representing the complainant, objected to the withdrawal, citing that the defence had not been provided with the letter outlining the grounds for the ODPP’s request.

“Your Honour, we oppose the application to withdraw this matter as we have not been supplied with the said letter to understand the reasons for the review of the file,” Gachau told the court.

He further argued that the allegations are serious in nature, noting that threatening to kill is a grave criminal offence. He urged the court to consider the potential impact on the complainant if the case were withdrawn without sufficient justification.

“The matter before this court is criminal in nature, and although the same parties are involved in another matter before the Commercial Division, this particular case must be heard in a criminal court,” the lawyer added.

In her ruling, Magistrate Mugo acknowledged that the defence had yet to receive the letter and emphasized the importance of fairness in criminal proceedings.

“I have noted that the defence has not been supplied with the said letter. To ensure fairness in the prosecution of the case, the prosecution must serve the defence with the letter within seven days,” the Magistrate ordered.

Failure to comply with the court’s directive will compel the DPP to appear in court and explain the reasons behind the withdrawal request.

The case will be mentioned on October 16, 2025,to confirm compliance.