The Director of Public Prosecutions has withdrawn graft charges facing two directors of WebTribe in the Sh500 million National Hospital Insurance Fund case.
Senior assistant director of public prosecutions Alexander Muteti said the charges were withdrawn under section 87 (a) of the criminal procedure code.
The section allows the DPP to attempt subsequent proceedings against an accused person.
The decision was reached after Danson Muchemi and Robert Muna of WebTribe requested the DPP to review his decision to try them.
Muchemi in an affidavit said they are potential witnesses and will fully cooperate with the DPP in the prosecution of the case.
"Having altered our status, we request this court for a pardon and discharge from this case or any other case based on the same or similar facts," reads the affidavit.
In a letter dated June 5, Muteti said they are open to having the charges against the three terminated under section 87 (a) of the criminal procedure code on certain conditions.
One of the conditions was that they commit to fully cooperate with the ODPP in the prosecution of the rest of the accused persons.
Muchemi is the chief executive officer of Jampopay, which is registered as WebTribe. The company was hired in 2014 to collect revenue through the integrated revenue collection system on behalf of the NHIF. The contract was signed on August 15, 2014.
Muchemi and Muna were in 2018 arraigned before a Milimani court alongside 16 people who included NHIF chief executives Geoffrey Gitau Mwangi and Simon Kirgotty.
Mwangi and Kirgotty denied a charge of authorising payment of more than Sh545 million to Web Tribe Limited.
Hearing proceeds on November 18.
