Relief for Ayub Savula as DPP seeks to terminate Sh122m fraud case
Kakamega Deputy Governor Ayub Savula.
What you need to know:
- Defence lawyers did not oppose the DPP's application to terminate the case.
- A ruling on the DPP's application to terminate the case will be made on July 1 2024.
Kakamega Deputy Governor Ayub Savula, his two wives and others are set to be freed in the Sh122million fraud case against them.
This is after the Director of Public Prosecutions (DPP) Renson Ingonga said he does not wish to pursue the six-year-old case further.
Mr Ingonga applied to terminate the case against Mr Savula, his two wives Melody Gatwiri Ringera and Hellen Kepkor Kemboi and his seven companies.
State prosecutor Wesley Nyamache said the office of the DPP decided to discontinue the case after the High Court ruled that the contracts between the Ministry of Information and Mr Savula's companies were valid and legally binding.
“The contractual agreements between the Ministry of Information and the Savula companies form the substratum of the criminal case against the accused herein,” Mr Nyamache stated.
In the case, seven companies associated with Savula and his two wives were charged for fraudulently obtaining Sh122.3 million pretending they were in a position to offer advertising services in magazines with a wide circulation in the republic of Kenya, a fact they knew to be false.
The other co-accused whose cases the DPP is seeking to terminate are Dickson Kuko Chebitwey, Dickson Onala Nyandiga, Fredrick Okello Owiti and Joseph Kamau Charagu.
Reimbursement of cash bails
The accused persons were charged with conspiracy to steal the stated amount of cash on diverse dates between July 1, 2015 and August 30, 2018 at the State Department for Broadcasting and Cooperation in Nairobi.
Milimani Law Courts Chief Magistrate Lucas Onyina was informed that the High Court has since ordered the government to pay Mr Savula’s companies Sh58million for breach of contract.
The companies associated with Mr Savula and his wives are Sunday Publishers Limited, Melsav Company Limited, Johnnewton Communications, Express Media Group, No Burns Protection Agencies Limited, Cross Continents Ventures Limited and Shield Lock Limited.
Defence lawyers did not oppose the DPP's application to terminate the case.
The court was also urged to order a reimbursement of cash bails and bonds deposited by the accused persons.
Nyamache further informed the court the DPP has directed the Directorate of Criminal Investigation (DCI) to investigate and bring to book people behind the heinous killing of a former deputy director Information at the National Lands Commission (NLC).
Murder of state witness
Jennifer Wambua who was executed after giving evidence in the criminal case. The deceased was a star prosecution witness in the case.
She was reported to have gone missing and her body was later discovered at Ngong Forest within Kajiado County. According to the findings of detectives, the deceased had been sexually assaulted before being killed on April 5,2023.
Judge Onyina will make a ruling on the DPP's application on July 1 2024.
In February 2024, the DPP terminated the case against 13 others who had been charged alongside Mr Savula.
Those whose charges were dropped are former Principal Secretary Sammy Itemere, Edith Kainda Nkanata, Amos Matanga Tayari, Gladys Hadida Bwora, Gladys Isaka Mwanyika, Agren Jesca Ateka, Rachel Wanjiru Munge, Nellie Kibocha Nyachomba, Sammy Makau Mule, Martin Njoroge Njenga, Hannah Wangari Wanderi, Edmund Horrace Munene, and Victor Owino Achola.
Two suspects in the case - Henry Mungasia Musambaga and Tabitha Nyaboke Oriba - passed on before they could know their fate. The cases against them were similarly terminated.
