The Anti-Corruption Court on Friday, February 16, dismissed an application by the Office of the Director of Public Prosecution (ODPP) to withdraw the Ksh30 million graft case involving former Kenya Pipeline MD Charles Tanui and others.
Magistrate Victor Wakumile ordered that the matter proceed to its conclusion as one witness, an investigating officer attached to the Ethics and Anti-Corruption Commission (EACC), was yet to take the stand to testify.
The prosecution sought to withdraw the case, arguing that 25 witnesses who had testified against the accused persons changed their statements during the court proceedings.
"That the applicant received several letters from the respondent/accused persons requesting for review of the decisions to charge them," prosecutor Jeremiah Walusala stated.
"That upon review of the evidence vis-a-vis of the said letter, the DPP arrived at a decision that it was not tenable to proceed with the case against the respondents without occasioning justice."
This marked the second time, the office of the lead prosecutor attempted to withdraw the case, with the court throwing out the requests.
In 2020, the former MD was charged with irregular payment of Ksh30 million for the supply of three transformers during his tenure.
He was charged alongside two former KPC officials for authorising the payment contrary to the law.
At the time, the EACC accused the officials of making payments using false documents. Additionally, they pointed out that the transformers were not tested in line with the contract agreement.
The DPP has in the past been accused of withdrawing cases of influential people, citing a lack of evidence. Observers questioned whether the independent office was compromised in its quest to uphold justice in society.
"How much is ODPP charging suspects to withdraw cases?" activist Boniface Mwangi commented on the matter.
