Former business partners of industrialist Benson Ndeta have moved to block an attempt to halt a trial against him over an alleged Sh4.5 billion fraud linked to the collapse of Savannah Cement.

Donald Kiboro Mwaura and John Gachanga Kaiganaine, who were Ndeta’s partners at Savannah Cement before it collapsed in 2022, have applied to join the High Court case opposing the suspension of the criminal trial.

Savannah Heights Limited has joined the matter. They all argue that they have a direct stake in the outcome because the case touches on transactions tied to the cement firm’s financing.

Savannah Cement, founded in 2012, was placed under administration in November 2022 after failing to repay debts totaling over Sh14 billion.

The company, which had been facing mounting losses and debt since 2018, was ultimately acquired in 2025 by a consortium of flour millers (Mombasa Maize Millers, Kitui Flour Mills, and Eldoret Grains Limited) in August 2025 and renamed Savannah Cement 2025 Limited.

In a fresh application before the High Court in Nairobi, the trio –Mwaura, Gachanga, and Savannah Heights Limited -want to be enjoined as interested parties and oppose Ndeta’s bid to stop proceedings in the lower court. Court documents show Ndeta is seeking orders to stay the prosecution in a criminal case, where he is charged alongside Charles Hill Jr.

The duo multiple counts, including conspiracy to defraud and forgery, over allegations they fraudulently secured $35 million (Sh4.5 billion) from a bank in 2017 and 2018 using forged corporate documents.

Read: High Court orders review of Ndeta’s Sh4.5bn loan fraud case

Ndeta, the proprietor of Savannah Clinker Limited, was chairman of Savannah Cement at the time of the alleged fraud. Prosecutors claim the accused presented themselves as authorised representatives of Savannah Cement and used falsified guarantees and board resolutions to obtain credit.

The dispute traces back to internal wrangles at Savannah Cement, once a major player in Kenya’s construction sector, which later collapsed under a Sh14 billion debt burden.

The alleged corporate fraud case arose from the fallout of Savannah Cement.

The company was placed under administration and later revived in 2025 through a new investor-backed entity after prolonged shareholder disputes and creditor pressure.

In their application, Kiboro and Gachanga argue the criminal case should proceed without interference, saying Ndeta’s latest move is a repeat of issues already settled by the court.

“This application raises substantially the same issues as those already conclusively determined,” the applicants state in court filings.
They add that an attempt to halt the prosecution “constitutes an abuse of the court process and is an attempt to re-litigate settled matters.”

The two businessmen say they participated in the company’s affairs during the period under investigation and will be directly affected by the outcome of the case.

They insist their inclusion will help the court reach a fair and informed decision in determining the review application, given their knowledge of the transactions in question.

In a supporting affidavit, Gachanga says he has “a legitimate and direct interest in ensuring that the criminal proceedings… proceed unimpeded in accordance with the law.”

He further argues that excluding them would cause “grave prejudice,” while their participation would assist the court in addressing key factual and legal issues.

The applicants also rely on an earlier High Court decision that dismissed a similar attempt by Mr Ndeta to stop the prosecution.
In that ruling, the court found that the Director of Public Prosecutions acted within its constitutional mandate and had sufficient evidence to proceed with the charges.

The judge held that the prosecution was guided by public interest and that the criminal trial should continue before the trial court.

“The prosecution enjoys a presumption of legality and ought to proceed unhindered,” the earlier decision stated, according to the new filings.

The applicants argue that granting an order suspending the prosecution would undermine that ruling and disrupt the administration of justice.

They also dismiss reliance on a separate civil case involving Savannah Heights Limited, saying it did not determine criminal liability.

According to filings, the civil proceedings dealt with corporate resolutions and cannot shield parties from criminal prosecution.

Ndeta and his co-accused have maintained that the charges are irregular and commercially motivated, urging the court to halt the trial.

They argue that issues surrounding the loan approvals and company governance were already addressed in civil proceedings.

The High Court is now expected to determine whether to allow the joinder of the interested parties and whether the criminal proceedings should continue.

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