The Director of Public Prosecutions (DPP) Renson Ingonga has obtained an order suspending the trial of former Kenya Pipeline Managing Director (MD) Charles Tanui five days after the Anti-corruption court declined to drop the Ksh30 million corruption case.
Senior Assistant DPP Alexander Muteti asked the High Court to issue the order days after the trial court declined his plea to withdraw the case against the former KPC boss Tanui.
The new twist in the matter emerged today February 21, 2024, afternoon when the case against Tanui and others came up for further hearing before magistrate Victor Wakumile where the last witness, the Investigating Officer, was expected to give his evidence in the case.
Muteti told the court that they had obtained an order on Tuesday suspending the case until their application before the High Court is heard and determined.
“The revision will come up before the presiding judge of the anti-corruption High Court tomorrow, Thursday. Grant us time to allow us to argue that application,” Muteti told Wakumile.
Magistrate Wakumile confirmed it had received the order of the High Court and subsequently suspended the hearing pending the outcome of the application.
The matter will be mentioned on April 3 for further directions.
Last week on Friday, February 16, 2024, Wakumile declined an application by the DPP to withdraw the case.
This is after the Ethics and Anti-Corruption Commission (EACC) vehemently opposed the withdrawal saying it would amount to an abuse of the court process and a waste of judicial time as the matter is at the tail end with the Investigating Officer set to testify.
“In as much as the DPP has the discretion to withdraw matters at any given point, that discretion must be exercised judiciously. The DPP cannot withdraw a case without having due regard to the public interest and the interest of justice,” EACC advocate Dona Maranga stated.
In his ruling, the magistrate concurred with the EACC and declined to drop the case against Tanui.
“I am totally in agreement with the EACC that the DPP’s discretion to withdraw matters must be exercised judiciously with due regard to the public interest and the interest of justice,” Wakumile ruled while dismissing the DPP’s application.
