Court dismisses DPP’s application to withdraw former KPC MD graft case 

The Anti-Corruption Court has dismissed the application by the Office of Director of Public Prosecutions (ODPP) to withdraw the Sh30 million graft case against former Kenya Pipeline Corporation Managing Director Charles Tanui and his co-accused persons.

Chief Magistrate Victor Wakumile stated that the case will continue to be resolved.

Tanui is charged alongside Elias Maina Karumi and Josephat with various charges relating to procurement irregularities in the procurement of transformers by the KPC.

The ODPP had made the application through Principal prosecution counsel Jeremiah Walusala to withdraw the matter stating that he had received letters from the suspects requesting for a review of the decision to charge them.

“Upon review of the evidence vis a vis the said letters, the DPP arrived at the decision that it was not tenable to proceed with the case against the respondents (suspects) without occasioning injustice,” stated Walusala.

The DPP had brought 25 witnesses to testify against the accused before opting to withdraw the case before the final witness, an officer from the Ethics and Anti-Corruption Commission, whom Dr Wakumile rejected.

Walusala stated that Tanui and Karumi approved payment for the tender in question after being notified and confirmed that all documentation was in place.

“The DPP in reviewing the file has confirmed that no public monies have been lost as the monies which were paid to Redline Limited for works not done have been refunded,” Walusala stated in the affidavit supporting his application to withdraw the case.

Walusala said that the DPP has not filed that application to carry out some arbitrary objective under the guise of discharging his constitutional mandate adding “The herein is meant to advance the fair administration of criminal justice and not to stifle or frustrate it”.

The autotransformers which sired the charges of abuse of office for Tanui were procured in 2014.

Tanui was also charged with willful failure to comply with the law relating to procurement where he is accused of allowing payment to Redline Limited without a written and signed contract for the supply of the transformers.

Tanui and his co-accused had written to the DPP through their lawyer Migos Ogamba seeking a review of the intended prosecution saying it was a violation of their rights to a fair trial.

The case will however continue after the court turned down the application to withdraw it.

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