High Court stops prosecution of former KPC officials in Sh40.3m graft case

The High Court has temporarily suspended the trial of former Kenya Pipeline Company (KPC) managing director Charles Tanui and two other executives, Josephat Kipkoech Sirma and Elias Maina Karumi.

The charges against the former KPC officials relate to their alleged failure to comply with procurement laws, which authorised the payment of Euros 261,070 (about Sh40.3 million) to Redline Limited for three autotransformers on February 18, 2014.

The suspension follows an appeal filed by the Director of Public Prosecutions (DPP), Renson Ingonga, who sought to terminate the charges against the accused.

The DPP argued that terminating the case based on a review of evidence and documents would better serve justice by dropping the charges.

Justice Lilian Mutende suspended the trial after trial magistrate Victor Wakhumile refused to dismiss the charges against the trio.

"Missing technical details"

The DPP, represented by senior assistant DPP Alexander Muteti, urged the court to reverse the trial court's decision, citing missing technical details and a lack of a clear trail of criminal conduct in the case.

“That an order be and is hereby issued to stay proceedings in Milimani Anti-Corruption Criminal Case No.17 of 2020 (Republic vs. Charles Kiprotich Tanui and 2 others), where the matter is slated for further hearing of the prosecution’s last witness on February 21, 2024,” declared Justice Mutende in the order granted on February 20.

The DPP argued for the termination of the charges in the appeal, stating, "We seek your indulgence to have this matter terminated once and for all, as the substratum of the charge levelled against the three has substantially been discharged."

Former KPC chief engineer, Josephat Kipkoech Sirma, expressed the personal toll the case has taken, stating, “For the last seven years, I have been unable to find gainful employment.”

Meanwhile, Charles Tanui, the former managing director, received payment for the remainder of his term, and Elias Maina Karumi is on half salary.

The trial magistrate, Wakhumile, who was set to hear evidence from the investigating officer and the last witness before the prosecution closed its case, adjourned the trial to April 30 in light of the temporary suspension.

Last week, Wakhumile sided with the Ethics and Anti-Corruption Commission (EACC) in rejecting the DPP's request to terminate the charges, emphasising the importance of public interest in proceeding with the case to its conclusion. He stated, “The power to withdraw cases is not absolute but must be exercised judiciously, with due regard to the public interest.”

The trial's fate now rests in the hands of the presiding judge of the anti-corruption division of the High Court, who will address the matter on February 22.