Rédaction Africa Links 24 with Daily Nation
Published on 2024-02-16 10:26:17
The corruption case against former Kenya Pipeline Company managing director Charles Tanui will proceed after a Milimani court refused to dismiss the charges, despite a request from the Director of Public Prosecutions (DPP) to do so. The decision was made by Senior Principal Magistrate Victor Wakhumile, who ruled that the public interest demanded that the case be taken to its logical conclusion. The judge emphasized that the power to withdraw cases is not absolute and must be exercised judiciously with due regard to the public interest.
The anti-corruption magistrate stressed that prosecutorial powers should be wielded with caution and that the DPP’s attempt to terminate the case at the end of the trial could be achieved after a full hearing. The DPP, through lead prosecutor Jeremiah Walusala, had sought to close the case on the basis that a review of the evidence and documents showed that justice would be served by closing the case. However, the judge’s ruling asserted that the interests of justice and the public must be considered before making such a decision.
The prosecution had called 25 of the 26 witnesses to testify, and the only remaining witness was an Ethics and Anti-Corruption Commission (EACC) official who had investigated the matter. Despite the DPP’s argument that continuing the case would cause injustice, the EACC opposed the withdrawal of the case.
Tanui, along with two other company officials, had been charged with abuse of office and procurement irregularities. The charges alleged that they failed to comply with procurement laws by authorizing payments to a company for the supply and installation of auto transformers. Tanui and his co-accused denied the charges in 2020.
The specifics of the charges against Tanui included authorizing payments to Redline Limited for auto transformers, as well as conferring a benefit on the company by authorizing payments for a tender for the installation and commissioning of auto transformers. Additionally, one of Tanui’s co-accused was accused of certifying that the works in respect of the tender had been successfully completed, facilitating the irregular payments to the company.
The court’s decision to continue the corruption case against Tanui and his co-accused reflects a commitment to uphold the principles of justice and accountability, especially in cases involving public officials and procurement irregularities. The ruling sends a strong message that individuals accused of corruption will not be shielded from facing the charges in a court of law, and that the public interest and the integrity of the justice system will be upheld. As the case progresses, the court’s decision to deny the dismissal of the charges is a pivotal step in ensuring that justice is served and that accountability is upheld in cases of alleged corruption and abuse of office.
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