A magistrates’ court has granted a request from the Director of Public Prosecutions (DPP), Renson Ingonga, to dismiss the Sh7.6 billion corruption case against oil magnate Yagnesh Devani.
This development follows the reluctance of a critical witness to provide testimony. In the court’s decision, it was emphasized that this witness was deemed essential for the case.
Magistrate Harrison Barasa noted that neither the DPP nor the Ethics and Anti-Corruption Commission (EACC) can be compelled to proceed with the case when vital witnesses have become uncooperative and unwilling to testify.
On October 9, the DPP, represented by Senior Prosecution Counsel Elphas Ombati, made an oral application to terminate the case. However, acknowledging the public significance of the matter, the magistrate ordered that an affidavit be submitted before reaching a conclusion.
Following the filing of the affidavit, the DPP outlined various reasons for requesting the case’s withdrawal, which included the deaths of some witnesses and the hesitance of the key witness to testify.
The Director of Public Prosecutions (DPP) indicated that attempts to locate the primary complainant were unsuccessful, with the only information available being that the complainant has moved.
The magistrate noted that, as per the affidavit, the Ethics and Anti-Corruption Commission (EACC) – the agency responsible for the investigation – had been appropriately consulted regarding the motion to withdraw the case. The court considered the DPP’s arguments, which highlighted a lack of sufficient evidence to maintain the prosecution.
Additionally, the DPP referenced Article 157(8) of the Constitution, which emphasizes the importance of public interest, the integrity of the judicial process, and the necessity to prevent any misuse of legal proceedings.
Consequently, Barasa granted their request under Section 87(a) of the Criminal Procedure Code, allowing for the possibility of future prosecution against Devani should adequate evidence be presented. “At this point, it would be unreasonable for this court to move forward. We cannot compel the agencies to pursue a case when they have clearly stated, upon review, that they lack the necessary evidence to support it,” Barasa remarked. “I grant the application and hereby discharge the accused under Section 87(a) of the Criminal Procedure Code,” he concluded.
