Kenya’s Director of Public Prosecutions (DPP) Renson Ingonga now intends to withdraw Sh7.6 billion corruption charges against businessman Yagnesh Devani and his firm Triton Petroleum Company Limited.
On Tuesday, Mr Ingonga made an oral application asking a Nairobi Anti-Corruption Court magistrate Harrison Barasa to terminate the case, claiming he had difficulties in tracing witnesses.
Through prosecutor Eliphas Ombati, Mr Ingonga said some witnesses had died while others could not be traced.
Mr Ombati applied to have the case dropped under section 87(a) of the Criminal Procedure Code (CPC), just a few months after the DPP recommended Mr Devani’s prosecution.
Mr Devani was arraigned in Nairobi following his repatriation from the United Kingdom where he had sought refuge after 16 years on the run.
"I urge this court to withdraw the case against accused persons as the prosecution has experienced difficulties in tracing witnesses as some have since died," the prosecutor said.
Mr Devani’s defence lawyers did not oppose the oral application by the DPP. However, in a brief ruling, the magistrate declined to grant Mr Ombati’s oral application and instead ordered the DPP to file a substantive application together with affidavits in support of the application.
In his ruling, the magistrate said the matter was of great public interest and could not be withdrawn without cogent reasons.
"The DPP must indicate in the formal application and affidavit the particulars of the purported ded witnesses and those who are alive and cannot be traced," Mr Barasa said.
The magistrate, however, allowed a plea by Mr Devani to have his passport released to him to travel outside the country for business.
The case will be mentioned on October 22, 2024 to confirm compliance with his directions to have DPP to file a formal application seeking to terminate the charges.
In the case, Mr Devani and Triton Petroleum Company Limited are accused of the fraudulently releasing 126 million litres of oil, violating a collateral financing agreement with Emirates National Oil Company (Singapore) Limited.
The businessman, who is out on Sh5 million cash bail, faces 11 counts of fraud, including conspiracy to defraud, obtaining by false pretenses, and the fraudulent disposition of mortgaged goods.
One of the key allegations against Mr Devani is that on September 5, 2008, while serving as Managing Director of Triton Petroleum Company Limited, he, along with others, disposed of 13,054,850 cubic meters of diesel, valued at approximately USD 10,146,888.36 and Sh32,017,783.66, to Total Kenya Limited without the consent of Emirates National Oil Company (Singapore) Limited, the mortgagee.
