Milimani Chief Magistrate, Lucas Onyina, directed the case to proceed saying the DPP overlooked the forgery aspect against the former Lugari MP in the government advertising agency (GAA) tender, which involved Sh122 million.
As Savula returns to stand trial, the Director of GAA, Dennis Chebitwei, walks to freedom.
Onyina declined DPP's request to drop forgery charges against Savula, and his two wives over the advertising tender at the Ministry of Health.
Onyina ordered Savula and his two wives, Melody Gatwiri Ringera and Hellen Kepkor Kemboi, to appear before him on September 23 and 24 for further hearing of the case.
Savula and his two wives were charged with alleged intent to defraud on January 10, 2017 They are accused of falsifying documents, namely a Ministry of Health requisition letter, purporting it to have been issued and signed by Judith Sirima of the Ministry of Health.
The magistrate noted the request by the DPP to terminate the case against Savula and his two wives did not consider the forgery charge.
"This court considers the totality of the request by the DPP and the accompanying high court decision and finds that the superior court did not address the forgery charge against the three, which this court directs the DPP to present evidence," Onyina ruled.
He however freed Savula, his wives, and 14 others in other 10 counts, including conspiracy to defraud the government of Sh122 million in the Government Advertising Agency tenders.
In his ruling, the magistrate concurred with the DPP that the High Court had established that the substratum of the case was pegged on the contract's legality at the center of the dispute.
He noted that the high court had validated the tender and directed Savula, his wives, and their companies to be paid.
In the case, Savula and his wives are listed as directors of Sunday Publishers Limited, Melsav Company Limited, Johnnewton Communications, Express Media Group, No Burns Protection Agencies Limited, Cross Continents Ventures Limited, and Shiledlock Limited, entities which are said to have irregularly received Sh122.3 million.
Their arrest followed a probe ordered by then DPP Noordin Haji over an editorial published by one of the dailies in which the paper demanded action against GAA for failing to pay Sh2.5 billion owed to various media houses.
They face several criminal charges of conspiring to commit a felony of stealing, abuse of office, aiding the commission of a felony, making a document without authority, obtaining my by pretenses, and attempting to obtain money by pretenses.
The charges against them state that on diverse dates between July 1, 2015, and August 30, 2018, at the Star Department for Broadcasting Telecommunication, Ministry of ICT in Nairobi county, they conspired together to steal Sh 122,335,500 from the said Ministry.
