The Anti Corruption Court on Wednesday, February 8, directed the Director of Public Prosecutions (DPP) to withdraw a Ksh159 million corruption case against former Kenya Power Managing Director Ken Tarus.
While delivering the ruling, Magistrate Elizabeth Juma cited lack of enough evidence presented linking the former MD to the case adding that the DPP could not proceed with the case.
According to the office of the DPP, through its senior assistant Director, Alexander Muteti, Tarus had not committed any crime after the review of the evidence presented.
The Court however allowed the DPP to continue with the case against eight other officials accused of awarding contracts to companies that resulted in the false payment of Ksh159 million.
"Before denying such a request for discharge, a court should consider whether it is an outright abuse of the court process and whether there is any objection from other accused persons," the Magistrate ruled.
Notably, other defendants did not give any objection to the withdrawal of the case against Tarus.
Tarus was among eight others who were members of a tender committee including former finance manager Harun Karisa, network general manager Daniel Tare, and supply chain general manager Daniel Muga.
Others on the tender committee that were charged included Benard Muturi, Evelyne Amondi, Noah Omondi, John Njehia, and James Muriuki.
This followed the arrest and suspension of the Managing Director In July 2018, after Kenya Power Board, held a crisis meeting under the advice of the DPP Noordin Haji.
Kenya Power additionally revealed that its officials were arrested because of matters related to the supply of transformers and Labour and Transport contracts.
Tarus and the other officials arrested were charged with conspiracy to defraud, commit an economic crime, willful failure to comply with the law relating to procurement, abuse of office, and conspiracy to defeat justice.
The Court's decision came on the backdrop of a number of high-profile graft cases collapsing due to lack of evidence. A case in point, the Deputy President Rigathi Gachagua was let off the hook in a Ksh202 million case, which the state had seized.
