A Mombasa High Court temporarily suspended criminal investigations and enforcement action against Power Parts (Kenya) Limited over a dispute involving five Kalmar empty container handlers valued at Sh195 million.
Lady Justice Wendy Kagendo Micheni issued interim conservatory orders on September 16, 2026, restraining the Directorate of Criminal Investigations (DCI) and other respondents from arresting, summoning, detaining, charging, arraigning or prosecuting the company, its directors, officers, employees or agents in connection with a complaint lodged by the Kenya Ports Authority (KPA).
The case was filed by Power Parts against the County Criminal Investigations Officer, Mombasa, the Regional Criminal Investigations Officer, Coast, and other respondents.
The court directed that the application and orders be served on the respondents and the Deputy Registrar by close of business on September 17. The respondents were subsequently given 10 days to file and serve their responses.
The matter is scheduled for hearing on October 5, 2026.
Pending the hearing, Justice Micheni suspended the operation and enforcement of a complaint lodged by KPA on September 1, as well as a September 2 decision by the DCI to commence investigations based on the complaint.
The judge also suspended the effect of a warrant and order issued by the Mombasa Chief Magistrate’s Court on September 8, together with any decisions, actions or processes arising from the complaint and the disputed orders.
The court further restrained KPA from initiating, maintaining or supporting a criminal complaint against Power Parts concerning the subject matter of Mombasa High Court Civil Suit No. E041 of 2026.
KPA was also barred from deploying or relying on material allegedly obtained pursuant to the disputed magistrate’s court warrant.
The respondents were ordered to file and serve, within seven days, an affidavit disclosing the whereabouts, custody and condition of two of the machines, serial numbers B11500238 and B11500239.
Justice Micheni further directed that any material already obtained by the DCI from interested parties pursuant to the impugned orders be sealed, preserved intact and deposited with the Deputy Registrar.
The respondents must also disclose on oath the extent of the material obtained and identify every person to whom any part of the material has been disclosed.
The orders are interim and remain subject to further directions when the application comes up for hearing on October 5.
The dispute centres on five Kalmar empty container handlers bearing serial numbers B11500238, B11500239, B11500240, B11500241 and B11500242.
According to the allegations prompting the criminal investigation, KPA purchased the equipment from Power Parts and Kalmar at a cost of Sh195 million, with the machines expected to be delivered for use at the Port of Mombasa.
Kalmar is a Finnish manufacturer of port equipment, while Power Parts is understood to have acted as its local agent in the transaction.
The equipment was imported into Kenya by Power Parts and was to be delivered to KPA under the terms of the contract.
KPA subsequently raised concerns that the machines had allegedly been diverted and sold to another port in a neighbouring country despite the supplier having already received payment.
KPA reported the matter to the police, prompting the DCI to commence investigations.
The DCI later summoned directors of Power Parts, leading the company to move to the High Court and seek protection against arrest and further investigative action.
KPA’s complaint alleges that the company lost Sh195 million in public funds paid for the supply and delivery of the equipment.
Investigators are examining claims that the machines, which were expected to be supplied to KPA in March 2025, were instead allegedly diverted to another port outside Kenya in October 2025.
KPA has separately sued Kalmar and Power Parts seeking a refund of the Sh195 million paid for the equipment.
Power Parts (Kenya) Limited is owned by Bharat Devidas Jeram Veitha, a Kenyan with 99 ordinary shares, and Vishal Soni, a UK citizen, with one ordinary share.
Insiders say KPA is no longer interested in the heavy machinery, which has already been used, while three other similar machines remain untraceable and the focus is now on the recovery of their money.
The equipment is said to have subsequently been returned to Kenya after the dispute became public.
The machines were then taken into police custody and are currently being held at the Port Police Station, according to information surrounding the case.
It is believed the same company could be behind the recent cases in court over the renewed term of the KPA Managing Director to distort the exposure made by KPA and their misfortunes of losing the kill they had made out of sale of the KPA equipment to another port.
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