By Andrew Kariuki

A Russian national, Kristina Berman, has secured temporary relief after the High Court in Nairobi halted her planned prosecution over a dispute arising from the breakdown of her marriage and related business dealings with her estranged husband.

In conservatory orders issued on April 23, 2026, Justice Patricia Mande Nyaundi suspended the decision to charge Berman, pending the hearing and determination of her constitutional petition.

“That a conservatory order is hereby issued… staying the decision of the 1st Respondent contained in the letter dated 25th February, 2026 to prefer criminal charges against the Applicant or continuing with the prosecution of the Applicant pending interpartes hearing,” the court ruled.

The court further directed that the matter be mentioned on June 9, 2026, for compliance and further directions.

Berman, through her advocate Robinson Kigen, argues that the intended prosecution arises from what is essentially a private family and commercial dispute. Her legal team maintains that the process is “for extraneous purpose, is malicious and oppressive and is intended to assist the Petitioner’s husband in settling personal scores.”

Court filings indicate that Berman relocated to Kenya after her marriage and has since lived in the country with her child. She claims the relationship later broke down, giving rise to the present dispute.

In her petition, she alleges that she was coerced to travel to Russia to file divorce proceedings, with threats that her dependant’s pass would be cancelled if she failed to comply. The documents state that “the Petitioner’s husband coerced the Petitioner to leave for Russia… threatening to cancel her Dependant’s Pass if she refused to comply.”

The dispute also extends to assets held under Bright Villa Limited, a company associated with the parties. Berman alleges that attempts were made to transfer her shares without her consent using forged documents.

According to the petition, the actions included an attempt to transfer her shares “by executing… forged affidavit, forged resignation letter, [and] forged minutes.”

She further claims that her motor vehicle was transferred without her knowledge or consent using what is described in the filings as a fraudulent court order.

Berman also alleges that her immigration status was interfered with during the dispute, stating that her dependant’s pass was cancelled without prior notice. The petition notes that “the Petitioner discovered that her Dependant’s Pass has been purportedly cancelled without any prior or proper notice in violation of her fundamental right to a fair administrative action.”

The High Court has since suspended that cancellation pending the outcome of the case.

The petition further links the dispute to ongoing issues concerning custody of the couple’s child, with Berman alleging that criminal complaints made against her were intended to exert pressure in the broader conflict.

She maintains that the accusations were “intended to threaten, intimidate, exert pressure… and to exclude her from fair proceedings concerning custody and property rights.”

It is these complaints that led to the recommendation by the Director of Public Prosecutions to prefer charges against her.

Justice Nyaundi’s orders now temporarily bar any arrest or prosecution while the court determines whether Berman’s constitutional rights have been violated.

The case remains pending before the High Court.