Tycoon Yagnesh Devani was on Tuesday, August 6, morning arrested in Nairobi in connection with the 2008 Triton oil scandal. An anti-graft court has resolved to locked him up at Kilimani Police Station until August 7 when DPP Renson Ingonga will file fresh charges against him.
Earlier, after his arrest, he was taken in by officers from the Ethics and Anti-Corruption Commission (EACC) and was to be arraigned at the Milimani Law Courts to answer to charges of theft of oil worth millions
The alleged scandal happened at a time Triton had won a lucrative tender to supply oil under a system introduced to help local oil firms.
In the scandal, Mr Devani’s firm, Triton Petroleum Company Limited, is accused of releasing thousands of tonnes of petroleum, which had been mortgaged, without the consent of mortgage owners.
Triton is also accused of disposing of 675.592 cubic metres of petroleum valued at Sh71 million ($550,020) to Total Kenya Limited without the consent of Emirates National Oil Company.
The arrest comes after the Director of Public Prosecutions (DPP) Renson Ingonga made an application in court to separate Mr Devani’s case from that of other accused persons, who have been on trial for the past decade.
The DPP through senior principal prosecution counsel Eliphas Ombati said section 87(a) of the criminal procedure code provides for withdrawal by the prosecution at any stage before a judgment is made.
Mr Ombati said Mr Devani did not plead to the charges alongside his co-accused and 24 witnesses have testified in his absence.
“CR. No 1151 of 2009 is at an advanced stage and it is pending mention for filing of submissions by parties on case to answer,” Mr Ombati said.
The prosecutor said no prejudice will be occasioned to the other accused persons or even Mr Devani and his firm if the matter is withdrawn.
Mr Devani was charged on January 23, 2024, after being on the run for more than a decade and was freed after depositing Sh1 million cash bail in court.
In the latest development, Mr Devani will face 11 counts including fraudulent disposition of mortgaged goods, conspiracy to defraud and obtaining money by pretences
One of the counts stated that with intent to defraud Emirates National Oil Company (Singapore) Limited, Triton disposed of 13,054.850 cubic meters valued at $10,446,888.36 (approximately Sh1.3 billion) and Sh32 million of the said fuel to Total Kenya Limited without the consent of the Singaporean firm, who was the mortgagee.
The charge sheet stated that he committed the offence on September 5, 2008, in Nairobi being the director of Triton, an allegation he committed with others before who have already been charged.
