State withdraws charges against Ms Odinga

By Evelyn Kwamboka

The State has withdrawn charges against Ms Beryl Odinga a sister to Prime Minister Raila Odinga.

Director of Public Prosecutions Keriako Tobiko gave instructions that the charges be withdrawn under a law that does not bar subsequent proceedings against Ms Beryl Odinga over the same charges.

Ms Beryl Odinga. Photo: Standard

Thursday, Senior State Counsel Daniel Karuri asked the court to do so, under Section 87 (a) of the Criminal Procedure Code.

"I have instructions from the DPP to have the case withdrawn under section 87(a) of the CPC," Karuri told the trial court.

It states that in a trial before a subordinate court, a public prosecutor may, with the consent of the court or instructions of the Attorney General, at any time before judgment is pronounced, withdraw from the prosecution of any person.

It further states that upon withdrawal, if it is made before the accused person is called upon to make his defence, he shall be discharged, but discharge of an accused person shall not operate as a bar to subsequent proceedings against him on account of the same facts.

Senior Principal Magistrate, Ms Lucy Nyambura withdrew the charges after confirming that Ms Odinga was present in court, as she had earlier ordered.

Ms Odinga’s lawyer Mr Mugambi Imanyara did not oppose the application to have the charges withdrawn.

Ms Odinga was charged in connection with a Sh1.5 million property belonging to Kenya Railways Staff Retirement Benefits Scheme, along with Mathews Tuikong, Ephantus Githui and Carolyne Nyororo.

The charge stated that on various dates between March 6, 2009 and January 18, 2011 at KRSRBS offices, being the board’s chairperson, she unlawfully acquired Sh1,512,653 from funds set aside for providing pension and other benefits to members, contrary to the scheme regulations.