According to the Office of the Director of Public Prosecutions (ODPP), the petitioners; Alfred Geoffrey Leach, David Berry, Michael Allan McKeever and Christopher Bruce Wilhelm, were charged with forgery and conspiracy to commit a felony from a 2014 aircraft sale involving Wilken Aviation Limited and Flying Tiger Oversize Cargo Pty Lrd. 

Court documents indicated that the leasing transaction later resulted in disputes over the aircraft's registration, deregistration and maintenance.

Following the dispute, the Directorate of Criminal Investigations (DCI) and ODPP apprehended and imposed charges of forgery contrary to Section 349 of the Penal Code and conspiracy to commit a felony contrary to Section 393 of the Penal Code. 

The foreigners, however, filed a petition arguing that the officers violated their Constitutional rights by charging them without prior notice. 

They also claimed that the matter was purely commercial and relied on an Interpol decision deleting certain data linked to a red notice issued against one of them.

Prosecution Counsel Mercy Mutheu argued that the DPP acted within the legal mandate issued by the Constitution. 

After reviewing the evidence, Justice Joe Omido ruled that there lacked evidence of Constitutional violations and noted that the existence of a comercial dispute does not shield parties from criminal liability where evidence shows there's an offence. 

The Judge dismissed the petition with costs awarded to the DPP, giving the green light for criminal proceedings in the case to proceed.  Citizen Digital