Court halts planned arrest, prosecution of Russian woman

The High Court in Nairobi has stopped the state from arresting and charging a Russian woman accused of illegal stay in Kenya.

Justice Patricia Nyaundi on Friday issued orders stopping authorities from arresting and prosecuting Kristina Berman after the Director of Public Prosecutions approved charges against her.

The office of the DPP had, on February 25, 2026, approved charges against Berman. However, Berman moved to the High Court expressing apprehension that the intended arrest and prosecution were meant to harass her and thus threatened her liberty. She claimed that the planned prosecution arises from a bitter family and business dispute with her estranged husband.

Justice Nyaundi suspended the intended criminal charges pending the hearing and determination of Berman’s constitutional petition.

“A conservatory order is hereby issued granting staying the decision of the first respondent contained in the letter dated February 25, 2026 to prefer criminal charges against the applicant or continuing with the prosecution of the applicant pending interpartes hearing,” Nyaundi ordered.

The court also halted the cancellation of Berman’s passport, which she says was revoked without due process. Berman, through lawyer Robinson Kigen, argues that she has been subjected to sustained harassment and intimidation following the breakdown of her marriage, with the criminal justice system allegedly being used to advance what is essentially a private family and commercial conflict.

She claims that her estranged husband has engaged in a prolonged pattern of harassment and coercion since their separation. She alleges that the conduct has gone beyond a marital fallout, accusing him of intimidation, interference with her immigration status, and attempts to force her out of Kenya.

According to her petition, the situation has placed her under constant pressure, affecting both her personal safety and legal stay in Kenya. Berman also claims that the dispute escalated into a financial battle involving their company, Bright Villa Limited. She alleges that her estranged husband transferred company shares into his name without her knowledge.

She further claims that her motor vehicle was transferred without her knowledge or consent. Through her lawyer, she argues that these actions form part of a broader pattern of harassment aimed at stripping her of property acquired during the marriage and undermining her financial independence.

The court also heard claims that her estranged husband allegedly used her immigration status as a tool of pressure during the dispute. Berman says she was threatened with deportation and pressured to return to Russia by leveraging her dependant’s pass.

She further claims that the cancellation of her pass was carried out irregularly, in what she believes was an attempt to weaken her position in Kenya.

The High Court has since suspended that cancellation pending the hearing of the case. Berman further claims that false criminal complaints were lodged against her at Lang’ata police station.

She maintains the accusations are fabricated and were meant to intimidate her, damage her reputation, and influence related custody and property disputes. It is these allegations that led to a recommendation for criminal charges against her.

Justice Nyaundi said further directions on the matter will be issued on June 9, 2026, when the case comes up for mention.