A standoff ensued between the Director of Public Prosecutions (DPP) and magistrate Thomas Nzioki after the latter declined to withdraw the Ksh80 million graft case pitting former Samburu Governor Moses Lenolkulal.
According to the magistrate, the DPP did not provide a justification for the withdrawal, hence he could not approve the plea.
Magistrate Nzioki directed the State prosecutor's office to file a formal application.
While delivering the ruling, the magistrate directed that all parties be served and a consent letter from the ODPP be presented in court over the withdrawal plea.
If approved by magistrate Nzioki, the case would have joined a growing list of high-voltage cases that have been withdrawn.
The Ethics and Anti-Corruption Commission (EACC) had sought to recover over Ksh80.7 million from Lenolkulal over allegations that the assets were proceeds of corruption.
In past case proceedings, the court had frozen the former governor's Ksh14 million held in various bank accounts, and prime properties in Karen, Nairobi valued at over Ksh60 million.
The anti-graft agency claimed that Lenolkulal got the money after conducting illegal trades with the county government.
At the time, Lenolkulal had been barred from accessing his office until the trial proceedings were concluded.
In addition, DPP Noordin Haji stated that he would drop all cases against human rights defenders who were arrested unfairly during police operations, forceful evictions, or other related incidents.
The DPP urged Kenyans to forward all names to his office for the prosecutor to expedite the process.
"As the DPP, we will ensure that all cases infringing on human rights are brought before the courts for justice to be served. We have taken over 100 cases citing police brutality. It's not all police officers but a section who are going contrary to the law."
"As Kenyans, we have seen that after elections, those who are fierce human rights defenders can proudly stake their claim in ensuring justice is served. The contrary is also true so let's seek to preserve human rights and observe the law accordingly," Haji stated.
Lenolkulal's case came after the DPP withdrew Public Service Cabinet Secretary nominee Aisha Jumwa's Ksh19 million graft case, according to Section 87 (a) of the Criminal Procedure Code (CPC).
This allows a public prosecutor to withdraw the prosecution of any person at any time before judgment is delivered.
Further, the chief prosecutor withdrew the case against former Kenya Power managing director Ben Chumo and ten others due to lack of evidence.
