DPP Ingonga on the spot over high-profile case withdrawals

Director of Public Prosecution Renson Ingonga before the Public Accounts Committee at Bunge Towers, Nairobi, on February 4, 2025. [Elvis Ogina, Standard] When Renson Mulele Ingonga took over as Kenya's Director of Public Prosecutions (DPP) in September 2023, there was cautious optimism that he would restore integrity to an office long tainted by allegations of political interference and selective justice. A career prosecutor with more than 20 years of experience, Ingonga promised a firm, fair, and evidence-based prosecutorial strategy. Yet, nearly two years later, his tenure has been rocked by a wave of controversial case withdrawals, executive pushback, and public outcry, raising troubling questions about the independence of his office and the state of justice in the country. Ingonga has made headlines for dropping more than a dozen high-profile criminal cases, involving over Sh20 billion against senior public officers. These include, Tharaka Nithi Governor Muthomi Njuki (Sh34.9 million), Deputy Governor Ayub Savula and his two wives (Sh122 million), former Tourism CS Najib Balala (Sh8.5 billion), former University of Nairobi (UoN) Council Chairperson Prof. Amukowa Anangwe( Sh34 million), Others are Yagnesh Devani (Sh7.6 billion) and Abdirahaman Muhumed Abdi(Sh300) and other politically connected suspects, and long-running investigations even before trials even begin. The withdrawal by the DPP has often been accompanied by thin explanations and thinly veiled questions about influence and transparency. Time and again, DPP cites insufficient evidence, witnesses unavailable, abuse of court process, or procedural shortcomings, and mostly wielding Section 87(a) of the Criminal Procedure Code (CPC) like a verdict-delivering wand, pulling down cases when he deems unworthy. For some, this is smart stewardship. For others, it's legal sugar-coating that conceals powerful beneficiaries. The public watches, unsettled. One of the recent contentious episodes under his watch involves the University of Nairobi Council graft case. Ingonga okayed the prosecution of Council Chair Professor Amukowa Anangwe and others in May 2025, but less than two months he withdrew the case without giving proper grounds. The state prosecutor, appearing before Principal Magistrate Celesa Okore, requested the court to terminate the matter under Section 87(a) of the CPC. "We seek to have the case against Anangwe and his co-accused persons withdrawn under Section 87(a) of the CPC," the prosecutor submitted without giving reasons. Anangwe, along with Council members Caren Omwenga, Abdullahi Ahmed, and CEO Daniel Brian Ouma, were charged with abuse of office and unlawful acquisition of public property, From the start, Anangwe's lawyers, led by Abdrazak Mohamed, described the case as politically motivated, fabricated, and contemptuous of court orders, including a superior court conservatory order that barred the Council's interference. His arrest was framed as an ambush, airlifted from Kisumu in predawn hours, and the charges, they said, served to oust him ahead of his term's May 2026 end. "My client, Prof. Anangwe, maintained his innocence; the charges are not only fabricated but also politically driven and are part of a calculated effort by the current government to remove him from office due to his independent stance and leadership style," his lawyer informed the court. "This prosecution is purely political and legally defective," said his lawyer, Abdrazak, during a fiery court session in May. The defence lawyers accused the DPP of acting under the influence of the Executive to advance ulterior motives. While seeking to have them plead to the charges, the DPP had supported graft charges against council officials, stating that there was overwhelming evidence to prosecute them and secure a conviction. Similar to Anangwe's case, many other cases involving millions of shillings have followed the same path. A particularly explosive case involved a Sh300 million land fraud scandal tied to businessman Abdirahaman Muhumed Abdi, which was withdrawn on August 7, 2025. In the case, Abdi was accused of illegally merging two land parcels and forging a title deed to defraud the rightful owners, Pansiba Ltd, a company represented by businessman Parminder Singh Sethi. Again, the DPP terminated the proceedings against Abdi under Section 87(a) of the Criminal Procedure Code. Singh's lawyer, Ben Musundi, had opposed the DPP's decision to terminate the case before it would proceed to a hearing, pointing to a decade of investigation, indictment of multiple witnesses, and an Interpol-facilitated arrest in Dubai. Musundi argued in court that the prosecution had failed to provide any credible reasons for the sudden withdrawal. "This is not a minor dispute; it involves deliberate forgery and fraudulent acquisition of land worth hundreds of millions," the complainant's lawyer told trial magistrate Geoffrey Onsarigo. "My client, a legitimate businessman, is present in court today and ready to give his testimony." According to the charge sheet, Abdi is accused of forging land documents in an attempt to unlawfully acquire two parcels, LR No. 209/10848 and LR No. 209/10849, by merging them into LR No. 209/16790, all valued at Sh300 million. "The forged title was part of an elaborate scheme to dispossess my client's company, Pansiba Limited, of its land. This is a clear case of economic crime and must be allowed to run its full course in court," the complainant's lawyer added. The complainant told the court he had invested heavily in the disputed land and that justice would not be served if the case was terminated prematurely. "We therefore object to any application for withdrawal of this matter, given that our client has lost the use of their land for over a period of 10 years due to the fraud committed upon them," the complainant's lawyer told the court "Allowing the accused person to walk scot-free is to undermine the rule of law, the administration of justice, and constitutes a mockery of the Criminal justice system. That aside, it will make parties or victims resort to the law of the jungle and seek self-help measures where scores will be settled in the streets," Musundi informed the court. The lawyer told the court that no new facts or material evidence had been presented by the DPP to justify dropping the charges. Musundi informed the court that investigations into the land fraud case took at least 10 years. "The investigations were painstaking and took a period of at least 10 years. The arrest of the Accused took place in Dubai, where he had fled after committing the fraud herein. The Directorate of Criminal Investigations (DCI) had to seek the assistance of Interpol, which issued a Red Notice for his arrest and deportation back to Kenya to face the charges. All this work by the DCI cannot be in vain. The evidence against the accused is glaring and overwhelming," the lawyer stated. The complainant, Singh, accuses the DPP of undermining justice in favour of powerful interests. However, he has since appealed before Milimani High Court Judge Alexander Muteti, who is expected to render his decision on September 19, 2025. The case has since become a symbol of the growing tension between the DPP and victims of high-stakes crimes. Adding to the pile of controversy is the case involving city lawyer Guy Spencer Elms, who has been at the center of a decade-long legal battle over the alleged forgery of a British billionaire's will involving a Sh100 million Karen estate. Though the alleged forgery of a will occurred before Ingonga's time in office, the precedent it set in legal circles is relevant. Spencer was accused in 2015 of forging a will linked to the estate of the late British tycoon, Roger Bryan Robso. The disputed land, located on Ushuriki Road in Karen, is at the centre of a prolonged legal and ownership battle between Lawyer Spencer and Nairobi businesswoman Agnes Kagure Kariuki. In 2019, the DPP's office, then under Haji, withdrew the case, which was being tried at Nairobi City Court, citing inconsistencies in forensic reports. However, DPP Ingonga, on January 20, 2025, filed a new criminal case against Lawyer Spencer, but on the same date, he did not plead the charges. The DPP sought summons and warrants against the Lawyer, who did not appear in court until August 11, 2025. When lawyer Spencer presented himself before Milimani magistrate Benmark Ekhubi for plea taking, DPP objected to him answering to the five criminal charges and sought to terminate them under Section 87(a) of the Criminal Procedure Code (CPC). " The DPP seeks to withdraw charges against the intended accused person, Spencer. Our application is premised on a recent High Court judgment that validated the contested will," the state prosecutor informed the court. The prosecution stated that pursuing the matter further was no longer in the interest of justice. "Our application is premised on Article 157(6) and (11) of the Constitution and relevant sections of the ODPP Act. The same decision to drop the charges is informed by a judgment by Justice Hillary Chemitei on June 19, 2025, which validated the will that is the subject matter of the criminal charges before this court." Spencer's lawyer, Davis Osiemo, supported the DPP's request to withdraw the case, arguing that relitigating a matter already decided by a higher court was an abuse of process; if there were objections, they should be appealed, not re-opened in a Magistrate's Court On her side, Kagure's lawyer, Kiraithe Wandugi, opposed the withdrawal, accusing the ODPP of acting in bad faith. "It is in blatant disregard of public interest and a total abuse of the authority of the DPP as provided for in the Constitution," Wandugi argued. "There are scared individuals that the ODPP is always bent to protect, whichever way." According to the DPP, Spencer is facing five criminal charges, including forgery, uttering false documents, and attempting to fraudulently acquire property. He allegedly forged the will dated March 24, 1997 and a power of attorney purporting to be from the late Robson, and used those documents to claim ownership of two prime land parcels, LR No. 2327/10 and LR No. 2327/117, located along Ushuriki Road in Nairobi's Karen area. The court is expected to rule on whether to allow the request by the DPP to drop the case on September 15, 2025 Ingonga was also on the spot following the sudden withdrawal of a corruption case involving businessman Yagnesh Devani, the key suspect in the Sh7.6 billion Triton petroleum scandal. Devani had been on the run since 2009 and was extradited from the United Kingdom in early 2024 after years of legal battles and diplomatic efforts to bring him back to face justice. However, the DPP withdrew the case in February 2024, citing lack of sufficient evidence and unavailability of critical witnesses. Ingonga's office claimed several witnesses had either died, relocated, or were unwilling to testify, and that crucial documents required to prosecute the case could not be produced. The case against Devani has always been regarded as one of the country's most significant corruption probes, involving allegations of fraudulent withdrawal and sale of petroleum products valued at over Sh7.6 billion from the Kenya Pipeline Company. Ingonga has supervised the withdrawal or collapse of more than a dozen high-profile cases, most of which involve politically connected individuals. Among them was the case against former Tourism CS Balala, involving an alleged Sh8.5 billion scandal. The case was dropped in August 2024 due to what Ingonga called "gaps in the evidence" and failure by the EACC to provide supporting documents. Ingonga earlier in 2024, withdrew a Sh34.9 million graft case against Tharaka-Nithi Governor Muthomi Njuki and 19 others. The case, which stemmed from the controversial procurement of a solid waste incinerator during Njuki's first term, had lingered in the courts for over three years. It involved allegations of abuse of office, conflict of interest, and misappropriation of county funds. However, the DPP filed a nolle prosequi, citing a lack of sufficient evidence to sustain a conviction, despite the EACC having concluded investigations and submitted a comprehensive file. September last year, Ingonga terminated criminal proceedings against Kakamega Deputy Governor Ayub Savula, his two wives, former GAA director Dennis Chebitwey, and thirteen others, citing Section 87(a) of the Criminal Procedure Code. The trio had been facing charges related to a Sh122 million government advertising fraud involving the Ministry of Information and Communications. The prosecution had alleged that Savula, through companies linked to his wives, fraudulently received payments for services not rendered. However, the DPP's office argued that the evidence available no longer met the threshold required to sustain the charges in court Other collapsed or withdrawn cases include the Sh292.7 million Kitui water project scam, where charges against nine suspects were terminated. The DPP argued there was no financial loss and the project was near completion, reasoning that infuriated the Ethics and Anti-Corruption Commission (EACC), which had recommended prosecution. The case involves 12 individuals, including Fredrick Mwamati, the Chief Executive Officer of the Tanathi Water Works Development Agency. It centres on the tender for the construction of the Kinanie Leather Industrial Park Water Supply Project, valued at Sh292.7 million, amid allegations of procurement fraud. In a nine-page affidavit filed in the Kitui Anti-Corruption Court, the EACC argues that the withdrawal of charges is a disregard of public interest, an abuse of the judicial process, and was done in bad faith. The Commission opposes the withdrawal, insisting that the DPP had previously consented to prosecution based on strong evidence and that the case should proceed. The withdrawal of the case sparked a confrontation between the DPP and EACC, with tensions between the two state agencies threatening to undermine the country's fight against corruption Then came the collapse of the Arror and Kimwarer dam scandal cases, where Sh63 billion allegedly disappeared through inflated contracts and dubious payments. Former Treasury CS Henry Rotich was among those charged, but the prosecution failed to present key witnesses and evidence, despite having 41 witnesses available, raised concerns about deliberate attempts to sabotage the case. The presiding magistrate Eunice Nyutu condemned the DPP, labeling the proceedings a "prosecution-led acquittal", a stinging indictment of the office's unwillingness or inability to pursue high-level graft. Also raising eyebrows was the failure to prosecute former Nairobi Governor Mike Sonko, accused of stealing Sh357 million from county coffers. The DPP's office consistently failed to call key witnesses, and the magistrate eventually terminated the case. "The prosecution only managed to call six witnesses before they bungled up their case," said Nyutu, who also handled the case. In her ruling, Magistrate Nyutu expressed frustration with the DPP, accusing them of seeking adjournments on multiple occasions. "It's tragic that a prosecution can lose sight of a case. The conduct by the prosecution in this case reeks of neglect of duty," she said. She particularly took issue with the prosecution's failure to handle the case in a manner that prioritises public interest and welfare. To address this deficiency, Nyutu suggested that Parliament should develop regulations to hold prosecutors accountable for their handling of public cases and negligence. These repeated failures have led to sharp accusations that DPP Ingonga is being used by the executive to protect its allies, while targeting opponents. Some lawyers and victims have openly, on several occasions, alleged that Ingonga's office is under pressure from State House to drop politically inconvenient prosecutions. Others argue that the selective application of the law is eroding public trust in the justice system. However, lawyers led by former LSK President Eric Theuri criticized the move, describing it as a classic example of prosecutorial capitulation in the face of political power. Theuri added that Kenyans need to know what is going on because it sets a bad precedent and undermines the fight against corruption and crime. "We have in the recent past witnessed events that pose great danger to the administration of justice. The DPP must have the interest of the people and avoid interference," Theuri said. DPP must come out and give an explanation, failure to which we will review evidence in the cases and proceed with private prosecution. The DPP ought to resubmit the investigating files and seal the gaps but not withdraw the cases," he added. In response to these allegations, Ingonga has repeatedly emphasized the independence and legal rigor of his office He insisted that decisions to charge or withdraw cases are guided strictly by legal thresholds and evidence, not political influence or public pressure. In a recent interview, Igonga said: "The Office of the Director of Public Prosecutions is constitutionally independent. We do not take instructions from the executive, nor are we influenced by political considerations. Every case is assessed purely on the strength of evidence." He also noted that new evidence often emerges during trials, sometimes undermining the prosecution's case, leading to case withdrawal to avoid unlikely convictions. "The Office of the DPP is independent... Meeting the threshold is crucial, and not all trials must end in conviction... At times, the DPP withdraws some cases after realising that based on what the defence has, we won't secure a conviction," Ingonga stated He went on to explain that where investigations were weak or compromised, pursuing a trial would amount to abuse of the court process. But despite these denials, public trust continues to fray. His continuous acts to drop cases escalated in January 2025, when a controversial case withdrawal prompted a petition at the Public Service Commission (PSC) seeking Ingonga's removal from office. The petition was filed by businessman Hussein Aila Amaro, who accused the DPP of misconduct after he attempted to withdraw a case involving a threat to kill him, allegedly perpetrated by his former lover, Farida Idris Mohamed.

DPP Ingonga on the spot over high-profile case withdrawals

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