Kenya's Director of Public Prosecutions (DPP) has advanced a criminal case against four foreign nationals accused of forgery and conspiracy in connection with a disputed C-160 freighter transaction, with the prosecution's first witness alleging the aircraft was removed from Kisumu despite a court order prohibiting its departure.

Appearing before the Kisumu Senior Principal Magistrate's Court, Wilken Aviation CEO Newton Osiemo testified that the Nairobi Wilson-based charter carrier and Australia's Flying Tiger Oversize Cargo (FTOC) jointly acquired the C-160 from Indonesia in November 2014, with FTOC holding a 70% stake and Wilken Aviation the remaining 30%, according to a statement issued by the DPP on September 4, 2026.

According to Osiemo, the aircraft was subsequently registered in the Central African Republic and ferried to Kisumu, where it remained pending inspections. He said the aircraft was intended for charter and humanitarian missions, including operations for the United Nations' World Food Programme (WFP).

Osiemo told the court that a dispute arose after Wilken Aviation discovered the aircraft had allegedly been re-registered in the Comoros without its knowledge or consent.

Following the dispute, Wilken Aviation obtained a High Court interlocutory injunction on March 5, 2019, restraining FTOC from removing the aircraft from Kisumu and directing the Kenya Civil Aviation Authority (KCAA) to ensure compliance. However, Osiemo testified that the aircraft departed Kisumu for Entebbe on March 9, 2021, without Wilken Aviation's knowledge.

He further alleged that falsified documents were used to facilitate the departure, including fraudulent Tajikistan registration documents. The court heard that the Comoros Civil Aviation Authority later determined documents submitted in relation to the aircraft were fraudulent and recommended that the matter be referred to Interpol.

The accused - Geoffrey Leach, David Berry, Michael Allan McKeever, and Christopher Bruce Wilhelm - face charges of forgery and conspiracy to commit a felony under Kenya's Penal Code.

Separately, the High Court in Kisumu has dismissed a constitutional petition filed by the four accused seeking to halt the criminal proceedings, clearing the way for the DPP to continue the prosecution. The case is set to resume on November 16, 2026.

Wilken Aviation, founded in 1958, is a charter operator providing fixed-wing and helicopter services, focusing on humanitarian charters. Operating under the Wilken Aviation and Westwind Aviation (Kenya) brands, its services include aircraft leasing, passenger and VIP transport, aerial work, filming, and cargo services across Africa, Europe, and the Middle East.

According to the company website, its fleet includes Cessna (single turboprop) Caravan C208Bs, ATR - Avions de Transport Régional 42/72s, Airbus Eurocopter AS350s, DHC-8-Q400s, B737-300(F)s, and C-160 Transalls. Key clients include the Kenya National Examination Council and the WFP.