The Director of Public Prosecutions has withdrawn the Sh1.1 billion graft charges against former National Health Insurance Fund (NHIF) Chief Executive Office Geoffrey Mwangi.
The development comes as corruption cases initiated against various top government officials during former President Uhuru Kenyatta's regime continue to collapse in court.
The DPP withdrew the graft case opened against Mr Mwangi citing lack of sufficient evidence to sustain the charges, which stemmed from a tender awarded to online pay company Webtribe Limited.
The withdrawal is based on section 87(a) of the criminal procedure code, which allows a public prosecutor to withdraw charges facing an accused person at any time before final judgement is delivered.
The DP said he decided to withdraw the eight criminal charges, which were based on irregular tendering process, abuse of office and fraud, after considering and review of the charges levelled against Mr Mwangi. The case started in 2018.
Mr Mwangi joins the growing list of former government officials and entrepreneurs arraigned in court during the President Kenyatta's administration and whose cases have been dropped by the DPP over various reasons such as insufficient evidence.
They include Deputy President Rigathi Gachagua, Cabinet secretaries Mithika Linturi (Agriculture) and Aisha Jumwa (Gender and Public Service) and former Kenya Powers managing directors Ken Tarus and Ben Chumo.
Others are Communication Authority of Kenya Board chair Mary Wambui Mungai, Kenya Pipeline Company managing director Joe Sang, businessmen Humphrey Kariuki and Joseph Karanja (Kerocho).
The DPP's decision to withdraw Mr Mwangi's case came after his lawyer wrote to the DPP asking for review of the decision-to-charge as there was no evidence to support the corruption and economic crimes accusations facing him.
In the letter dated October 24, 2022 Mr Mwangi's said no funds were lost in the award of the tender.
Allowing the withdrawal, Milimani Senior Principal Magistrate Victor Wakumile said there were sufficient grounds to support the DPP application to withdraw the charges.
The magistrate also urged the DPP to review the entire case against the 17 other accused persons charged alongside Mr Mwangi.
He granted the DPP 15 days to review the case. The other accused persons include Mr Mwangi's predecessor at NHIF Simeon Kirgotty and NHIF audit committee members Mudzo Nzili, Yussuf Ibrahim and Elly Nyaim.
Others are Ruth Sidoi (Acting Corporate Secretary), Gilbert Gathuo (Senior Business ICT Director), Irene Rono (Assistant Manager Finance Reconciliation), Yusuf Ibrahim (NHIF Board Member), Joseph Mbuvi, Pamela Marendi, Gibson Muhuhu, Jacinta Mwangi, Kennedy Wakhu, Fredrick Onyancha, Millicent Mwangi and Darius Philip Mbogo.
Mr Mwangi had been charged with the loss of public funds relating to the award of a NHIF contract to an online payment company, Web Tribe Limited, for provision of integrated Revenue collection. He was accused of conferring a benefit of Sh253 million to the company.
The company and its directors Danson Muchemi and Robert Muna had also been charged but the DPP withdrew the charges against them in June 2020.
The DPP said he reviewed the case and upon consideration, of the evidence, there was no criminal culpability on the company’s part.
