DPP withdraws Sh7.6 billion graft case against oil tycoon Yagnesh Devani
By Lucy Mumbi |
The affidavit outlined reasons for the withdrawal, including the death of some witnesses and the difficulty in tracing the main complainant, who reportedly relocated and remains uncontactable.
The Director of Public Prosecutions (DPP) Renson Ingonga has been granted permission by a magistrate’s court to withdraw a Sh7.6 billion graft case against oil tycoon Yagnesh Devani, following a series of obstacles in securing critical witness testimonies.
On Monday, Magistrate Harrison Barasa approved the DPP’s application, citing challenges faced by the prosecution, including the unwillingness of a key witness to testify.
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"At this juncture, it would be preposterous for this court to proceed. We will be forcing the agencies to proceed with a case even when they have made it clear that upon evaluation they don't have sufficient evidence to sustain it," Barasa said.
The DPP, represented by Senior Prosecution Counsel Elphas Ombati, had initially submitted an oral application on October 9 to terminate the case. Due to the case's public significance, Magistrate Barasa required an affidavit to be filed before reaching a decision.
The affidavit outlined reasons for the withdrawal, including the death of some witnesses and the difficulty in tracing the main complainant, who reportedly relocated and remains uncontactable.
Barasa noted that both the Ethics and Anti-Corruption Commission (EACC), the investigative agency on the case, and the DPP were in agreement on the application for withdrawal.
The DPP further argued that, given the reluctance of the main witness and the lack of available evidence, continuing the case would compromise judicial integrity.
He referenced Article 157(8) of the Constitution, which mandates the DPP to consider public interest, justice, and prevention of legal process abuse in such cases.
Consequently, Barasa granted the application under section 87(a) of the Criminal Procedure Code (CPC), a provision allowing for the possibility of future prosecution if new evidence surfaces.
"I allow the application and proceed to discharge the accused person under section 87(a) of the Criminal Procedure Code," he said
Devani and his company, Triton Petroleum, are accused of illegally releasing 126 million litres of oil in violation of a collateral financing agreement with Emirates National Oil Company (Singapore) Limited.
The businessman is accused of 11 charges, including conspiracy to defraud, obtaining goods through false pretenses, and unlawfully selling mortgaged assets.
One major allegation centres on Devani’s sale of over 13 million cubic meters of diesel to Total Kenya Limited in 2008 without the approval of Emirates National Oil Company, which held the mortgage.
As part of the scandal, the Kenya Revenue Authority (KRA) demanded Sh4 billion in unpaid taxes and penalties from Triton. Additionally, KRA pursued Sh2 billion in unpaid corporate taxes for 2007, along with penalties linked to storage at Mombasa’s Kipevu Oil Storage Facility.
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