Sakata: Court stops DPP in explosive child custody battle

The High Court has issued orders blocking the Director of Public Prosecutions (DPP) from prosecuting a Russian national embroiled in a contentious divorce and child custody dispute, in a case raising allegations of fraud, abuse of prosecutorial powers, and immigration violations.

 Justice Nyaundi Patricia Mande of the Milimani High Court granted conservatory orders barring the DPP, the Inspector General of Police (IG), and the Director of Criminal Investigations (DCI) from arresting or prosecuting Kristina Berman following a complaint lodged by her estranged husband Mikhail Berman over alleged fabricated claims that she assaulted their son.

 “A conservatory order is hereby issued suspending the decision of the DPP contained in the letter dated February 25, 2026 to prefer criminal charges against Kristina, pending inter partes hearing,” Justice Nyaundi ruled.

 In her decision, the judge found that the applicant’s constitutional rights warranted immediate protection after reviewing the petition and supporting affidavit filed on April 21, 2026.

 The court held that Berman’s rights under Articles 22, 23, 28, 40, 47, and 50 of the Constitution, covering access to justice, human dignity, property rights, fair administrative action, and fair hearing, were under threat.

 The court directed the DPP, IG, and DCI, who are listed as respondents, to file responses within 14 days of service.

 The petition paints a picture of a marriage that deteriorated into what Kristina describes as a coordinated effort to strip her of her child, property, and legal status in Kenya.

 Kristina, a Russian citizen, has lived in Kenya since January 2014 on a Dependant’s Pass.

 She married Berman in Russia in November 2013, and the couple later relocated to Kenya, where they have a ten-year-old son.

 According to court documents, the relationship became emotionally and psychologically abusive in recent years. She alleges that in April 2025, her husband coerced her to travel to Russia, where he later took custody of their son and escalated threats to cancel her immigration status.

 “In recent years, our marriage irretrievably broke down as my husband became emotionally and psychologically abusive. He later left and began living with another woman,” Kristina states in her court papers.

 “Between January 2025 and April 5, 2025, my husband coerced me to travel to Russia  and file for divorce there, threatening to cancel my Dependant’s Pass if I refused.”

 She further claims that on April 7, 2025, she was again coerced to travel to Moscow, after which her husband took custody of the child and intensified efforts to prevent her return to Kenya.

 Court documents indicate that the couple jointly owns a house in Karen on L.R. No. 1160/218 through Bright Villa Limited, where they hold equal shares.

 While she was abroad, Kristina alleges that her husband orchestrated fraudulent transactions, including forging her signature to transfer her 50 percent shareholding in the company and selling her Toyota FJ Cruiser using a fake court order.

 “During my absence from Kenya, my husband attempted to fraudulently transfer my shares into his name using forged documents, including an affidavit, resignation letter, and company minutes bearing my forged signature,” she states.

 “Similarly, he transferred my vehicle into his name and sold it using a fake court order, Milimani Commercial Court, Case No. Misc/E949 of 2025, which upon inquiry by my lawyers vide a letter dated August 4, 2025, the court subsequently confirmed in writing that it never issued the purported order. These forgery claims are under investigation by the DCI.”

 The petition also raises concerns about the conduct of the DPP’s office.

 In January 2026, the DPP indicated that further investigations were necessary before any decision to charge Kristina with assault could be made.

 However, by February 25, 2026, the DPP recommended charges despite investigators reportedly finding no additional evidence.

 “The investigating officer and the children’s officer indicated that they found no additional evidence but had to abide by the DPP’s decision to charge,” the petition states.

 Kristina further claims that despite her complaints over alleged fraud, no action has been taken against her husband.

 The dispute is also the subject of an ongoing child custody case filed in September 2025 at the Milimani Children’s Court, where her husband is seeking sole custody.

 She alleges that in November 2025, her husband made false assault claims at Lang’ata Police Station to intimidate her and gain an advantage in custody and property disputes.

 The petition further states that during a police visit to immigration offices on April 15, 2026, Kristina discovered that her Dependant’s Pass had been cancelled, allegedly at her husband’s instigation, before the Russian divorce decision had taken legal effect.

 The Russian Embassy in Nairobi also intervened, issuing a letter on April 15, 2026, warning that her removal from Kenya would prevent her from participating in custody proceedings and supporting her continued stay pending the case.

 The matter will be mentioned on June 9, 2026