Court blocks DPP’s bid to drop Yagnesh Devani's Sh7.6 billion fraud case

The Anti-Corruption Court in Nairobi has declined an oral request by Director of Public Prosecutions (DPP) Renson Ingonga to withdraw a Sh7.6 billion corruption case against businessman Yagnesh Devani.

The court has directed the DPP to file a formal application, providing detailed evidence regarding missing witnesses.

On Tuesday, DPP Ingonga, through prosecutor Eliphas Ombati, sought to terminate the case against Devani and his company, Triton Petroleum Company Limited, citing difficulties in tracing witnesses.

Ombati explained that some witnesses had died, while others could not be located.

"I urge this court to withdraw the case against the accused persons as the prosecution has experienced difficulties in tracing witnesses, some of whom have since passed away," the prosecutor said.

Despite the defence not opposing the application, Magistrate Harrison Barasa declined the oral request, emphasising the case's public importance. He ordered the DPP to file a formal application along with affidavits detailing the missing witnesses.

"The DPP must indicate in the formal application and affidavit the particulars of the purported deceased witnesses and those who are alive but cannot be traced," Magistrate Barasa in his ruling said.

However, the court granted a separate request from Devani to have his passport returned, allowing him to travel for business purposes.

The case will be mentioned on October 22, 2024, to confirm whether the DPP has complied with the court's directive.

Devani and Triton Petroleum are accused of fraudulently releasing 126 million litres of oil, breaching a collateral financing agreement with Emirates National Oil Company (Singapore) Limited.

The businessman, who is out on a Sh5 million cash bail, faces 11 charges, including conspiracy to defraud, obtaining goods by false pretences and the fraudulent disposal of mortgaged goods.

One of the key allegations involves the disposal of over 13 million cubic meters of diesel to Total Kenya Limited in 2008 without the consent of Emirates National Oil Company, the mortgagee.

During the scandal, the Kenya Revenue Authority (KRA) demanded Sh4 billion in unpaid taxes and penalties from Triton.

Additionally, KRA sought Sh2 billion in unpaid corporation taxes for the period ending December 2007 and penalties related to storage at the Kipevu oil storage facility in Mombasa.