DPP terminates charges against former county officials charged with loss of Sh30 million

Director of Public Prosecution (DPP) Keriako Tobiko during the launch of guidelines for investigations and prosecutions of electoral related offences in Nairobi. [Photo by David Njaga/Standard]

A case in which two former officials were charged with the loss of Sh30 million through corruption and abuse of office has been withdrawn.

When the matter came up for mention yesterday before the Anti-Corruption Court, the prosecution said the Director of Public Prosecutions Keriako Tobiko's office had withdrawn the case.

Mr Tobiko sought to drop charges levelled against former Agriculture Executive Shadrack Mubea and Agriculture Chief Officer David Nyaga.

Mubea was charged alongside Nyaga with illegally awarding a tender of Sh30, 082,000 to Jomo Kenyatta University of Agriculture and Technology Enterprises in the 2014-15 financial year.

The move follows the ruling by the court of appeal in June that the Ethics and Anti-Corruption Commission (EACC) was not properly constituted at the time it forwarded their names while recommending their prosecution.

Corruption cases

The DPP noted corruption cases facing the officials would collapse since the anti-corruption agency had no commissioners when the prosecution was recommended.

He said the case was part of the 125 others affected by a ruling by Court in which former transport Cabinet Secretary Michael Kamau obtained permanently orders quashing his prosecution at the anti-corruption court.

A three-judge bench comprising of judges Milton Makhandia, William Ouko and Kathurima M’Inoti, consequently upheld their verdict in a ruling issued earlier this year that saw the lower court’s proceedings temporarily halted.

Nyeri chief magistrate Wendy Kagendo allowed the DPP’s prayer to have the charges withdrawn and the file returned to EACC for review pending further directions.

The suspects, however, opposed the withdrawal of the case.