Brian Reeves Obare, accused of masquerading as a Canadian Embassy official and collecting Sh7.9 million for visas that never materialised, has suffered a blow after the High Court dismissed his petition challenging his prosecution.
Obare is accused of defrauding millions of shillings in the alleged 2024 visa scam from a travelling agency, which left dozens of travellers stranded, with some reportedly arrested or turned back to the country during transit after travelling on the strength of visas they believed had been legitimately processed.
In a judgement rendered by Justice Lawrence Mugambi, Obare’s constitutional petition was dismissed after finding that Obare had failed to demonstrate that his prosecution was commenced without reasonable or just cause or that police and the Office of the Director of Public Prosecutions (ODPP) acted illegally, in bad faith or abused their powers.
The judge also declined to quash the criminal case or stop its continuation before the Milimani Chief Magistrate’s Court.
“The petitioner has not demonstrated that the prosecution was commenced without any reasonable or just cause, or was actuated with illegality or procedural impropriety that would warrant the same to be quashed by this court,” Justice Mugambi ruled.
“In the circumstances, this court finds that this petition is devoid of merit and is hereby dismissed with costs to the respondents and the interested parties,” he added.
Obare had moved to the High Court seeking orders to stop his prosecution in Milimani Chief Magistrate’s Court Criminal Case No. E1114 of 2024, where he faces a charge of obtaining money by false pretences contrary to Section 313 of the Penal Code.
According to the charge sheet, he allegedly obtained Sh7,948,650 from Nancy Najira Odhungo, trading as Golden Key Travel Consultant, being money paid by visa applicants.
The prosecution alleges that between January 1, 2022 and January 31, 2024, in Nairobi, Obare falsely represented that he was capable of processing Canadian travel visas for clients, a fact he allegedly knew to be false.
Obare denied the allegations and accused investigators of violating his constitutional rights during his arrest, detention and investigations.
He claimed his property and electronic devices were unlawfully seized and that the prosecution was being used for extraneous purposes.
He asked the High Court to quash the criminal case, prohibit further proceedings and award him Sh1 million in general, punitive and exemplary damages.
He also claimed Sh13 million in special damages, which he said was money owed to him by the complainant.
The case arose from a dispute involving visa processing and travel consultancy services.
Obare claimed he had been processing visas for clients referred to him by the complainant and was entitled to commissions.
The court heard that preliminary investigations initially involved allegations that Obare had received Sh89.185 million from the complainant.
Investigators were seeking more time to analyse bank and M-Pesa records and establish the exact amount allegedly obtained.
However, the eventual charge sheet approved by the DPP on October 30, 2024, accused him of obtaining Sh7,948,650 by false pretences.
Justice Mugambi rejected Obare’s claim that investigators had exaggerated the amount to frustrate his efforts to secure bail.
“Therefore, the petitioner has not demonstrated that the respondents exaggerated the amount of money allegedly obtained as a ploy to make it difficult to secure bail or bond in contravention of his rights,” the judge held.
Obare also challenged the seizure of his electronic devices and other property, arguing that his right to privacy had been violated.
However, Justice Mugambi noted that the issue was already before the trial court, which on February 6, 2025 directed that the seized items be returned to him.
The judge said Obare should enforce that order instead of asking the constitutional court to make findings that could prejudice the pending criminal proceedings.
Justice Mugambi further found that police had acted on a complaint lodged against Obare, while the DPP independently reviewed the evidence before determining that there was sufficient material to sustain the prosecution.
“In the whole, the petitioner has not demonstrated any bad faith or abuse of office in the conduct of the investigations and eventual prosecution,” Justice Mugambi said.
The criminal proceedings against Obare will now continue before the Milimani Magistrate’s Court to conclusion.
