Kenya: C-160 Transall Kisumu Court Order Fraud Trial Uncovers Breach

• A C-160 Transall cargo aircraft was allegedly flown out of Kisumu International Airport on March 9, 2021, despite a High Court injunction issued on March 5, 2019, prohibiting its removal.
• Four foreign nationals – Geoffrey Leach, David Berry, Michael Allan McKeever, and Christopher Bruce Wilhelm – face charges of forgery and conspiracy to commit a felony related to the aircraft's ownership, registration, and removal.
• The aircraft's joint owners, Wilken Aviation Limited and Flying Tiger Oversize Cargo Pty Ltd (FTOC), entered a dispute after alleged fraudulent registration documents were obtained from Comoros without Wilken Aviation's consent.
• The prosecution claims falsified documents and fraudulent Tajikistan registration were used for the aircraft's departure to Entebbe, Uganda, a claim supported by the Comoros Civil Aviation Authority.
• The High Court in Kisumu dismissed a petition by the accused to stop their prosecution, allowing the Director of Public Prosecutions to proceed with the trial, which is set to resume on November 16, 2026.

This case underscores the severe legal ramifications, including criminal prosecution for fraud and contempt, for parties who defy court orders regarding asset removal, particularly in complex international aviation disputes.

A C-160 Transall cargo aircraft was reportedly removed from Kisumu International Airport, Kenya, despite a High Court order prohibiting its departure. This revelation came to light during ongoing criminal proceedings against four foreign nationals who are facing serious charges related to the aircraft's disputed ownership, its registration process, and its eventual removal from Kenyan territory.

These individuals – Geoffrey Leach, David Berry, Michael Allan McKeever, and Christopher Bruce Wilhelm – are accused of forgery and conspiracy to commit a felony. The prosecution, represented by Principal Prosecution Counsel Douglas Moseti, presented its case at the Kisumu Senior Principal Magistrate’s Court. Captain Newton Osiemo, CEO of Wilken Aviation Limited, testified as the initial witness, detailing how Wilken Aviation and Flying Tiger Oversize Cargo Pty Ltd (FTOC) jointly acquired the aircraft from Indonesia on November 17, 2014. FTOC held a 70 percent stake, while Wilken Aviation owned 30 percent.

Initially, the aircraft was registered in the Central African Republic (CAR) and subsequently flown to Kisumu International Airport for aviation inspections. Its intended purpose was for charter and humanitarian missions, including support for the United Nations World Food Programme. However, the joint ownership arrangement quickly deteriorated into a dispute following concerns over the aircraft's registration. Captain Osiemo expressed Wilken Aviation's surprise upon discovering that registration documents had allegedly been secured from Comoros without their involvement or consent, stating that his company was not involved in the transfer approval from CAR to Comoros.

The escalating dispute eventually led Wilken Aviation to seek legal intervention, aiming to prevent the aircraft's removal from Kenya. On March 5, 2019, the High Court issued an interlocutory injunction specifically restraining FTOC from moving the aircraft from Kisumu and mandated the Kenya Civil Aviation Authority (KCAA) to ensure compliance with this directive.

Despite this explicit court order, evidence presented in court suggests the aircraft was allegedly flown out of Kisumu on March 9, 2021. This departure reportedly occurred without Wilken Aviation's knowledge, with Captain Osiemo stating he was informed the aircraft had left for Entebbe, Uganda, carrying four crew members.

The prosecution further contends that the documents used to facilitate the aircraft's departure were falsified, and that fraudulent Tajikistan registration documents were obtained. The Comoros Civil Aviation Authority later corroborated these claims, confirming the documents presented concerning the aircraft were indeed fraudulent and recommended that the matter be reported to Interpol. These allegations form a crucial part of the criminal case against the four accused individuals, who are presumed innocent until proven guilty. The charges include forgery, contrary to Section 349 of the Penal Code, and conspiracy to commit a felony, contrary to Section 393 of the Penal Code.

The legal proceedings against the accused have gained momentum following a significant High Court ruling in Kisumu. The court entirely dismissed a constitutional petition filed by the accused persons, which had sought to halt their prosecution. This decision clears the path for the Director of Public Prosecutions (DPP) to continue presenting its evidence regarding the C-160 Transall Kisumu court order fraud trial, covering the aircraft's acquisition, ownership, registration, and its eventual departure from Kenya.

This case underscores the severe legal ramifications, including criminal prosecution for fraud and contempt, for parties who defy court orders regarding asset removal, particularly in complex international aviation disputes. It highlights the importance of rigorous due diligence in aircraft registration and ownership transfers across jurisdictions and the potential for criminal charges stemming from fraudulent documentation. The Kenya aircraft fraud trial is scheduled to resume on November 16, 2026, as the prosecution continues to build its case.

This case underscores the severe legal ramifications, including criminal prosecution for fraud and contempt, for parties who defy court orders regarding asset removal, particularly in complex international aviation disputes. It highlights the importance of rigorous due diligence in aircraft registration and ownership transfers across jurisdictions and the potential for criminal charges stemming from fraudulent documentation.

Source: Original reporting on Kenyan court proceedings