The anti-corruption court has rejected an application by the Director of Public Prosecutions (DPP) Renson Ogonga to dismiss the Sh357 million corruption case against KRA chairman Antony Mwaura Ng'ang'a and his wife Rose Njeri.
In dismissing the DPP's application to discharge Mr Mwaura, Chief Magistrate Eunice Nyuttu said, "It amounts to discrimination to release some of the suspects and leave others, yet they are being charged for the same transaction."
Ms Nyuttu said it would be an abuse of the court process to release Mr Mwaura, his wife Rose Njeri and their company Hardi Enterprises Limited, who were charged over the Sh357,399,229.95 City Hall scandal.
“Releasing Mwaura, his wife Rose Njeri and their company, Hardi Enterprises, amounts to discrimination and abuse of the court process,” ruled Ms Nyuttu.
The magistrate noted that the three, along with former Nairobi governor Mike Sonko, Nairobi County officials and businessman Antony Otieno Ombok alias Jamal, are charged with embezzling Sh357,390,299.95 in public funds from the Nairobi County government.
The magistrate said the case was of great public interest and, therefore, Kenyans are keen on the outcome.
“This being a matter of public interest, Kenyans want to know the outcome of the trial after all evidence has been presented,” ruled Ms Nyuttu.
Instead of dropping the case, Ms Nyuttu blamed the DPP's office for failing to take action against the two prosecutors assigned to the Sh357 million graft case against Mr Mwaura, Ms Njeri and Mr Sonko, and others.
Mr Nyakundi and other defence lawyers urged the court to close the case and discharge all the accused, saying "their rights have been violated".
In her ruling, Ms Nyuttu noted that the pace and speed with which the accused were brought before the court had now ceased.
Medical report detailing her illness
She noted that although the prosecutor, Ms Annette Wangia, was said to be ill, no one from the DPP's office had gone to court to explain that she was unwell, nor had any medical report detailing her illness been produced in court.
An EACC lawyer told the court that she had called witnesses, but the prosecutors were absent.
But the DPP has applied to withdraw the case against Mr Mwaura and his wife, Ms Njeri, both directors of Hardi Enterprises Ltd.
They are accused of illegally obtaining Sh357,390,229 from the Nairobi County government for the hire of heavy equipment and vehicles.
The couple allegedly received the public funds on various dates between July 5, 2018, and March 28, 2019. Mr Mwaura and Ms Njeri are charged with money laundering. They are accused of receiving Sh55,800,000 from Nairobi County, knowing that the money was the proceeds of a crime.
The couple, Mr Sonko and 10 others, are also charged with money laundering for allegedly receiving Sh3 million, knowing that it was the proceeds of a crime.
All 17 defendants face a common charge of conspiring to corruptly embezzle public funds amounting to Sh357,390,299.95 from the Nairobi City County Government between May 24, 2018, and March 28, 2019.
Mr Ombok and ROG were charged with fraudulently obtaining public funds and money laundering to the tune of Sh34 million.
Ms Nyuttu will decide on November 23, 2023, whether to allow the DPP to close the case against Mr Mwaura and his wife Ms Njeri.
