The DPP has withdrawn the Sh400 million graft case against former Kenya Power MD Ben Chumo and 10 others. They have been discharged under section 87 (a).
Chumo had been charged alongside Muwa Company Limited.
The DPP, on March 22, withdrew charges against Muwa Company and its directors James Njenga Mungai, his wife Grace Wanjira and son, John Anthony Mungai.
No reasons were given for the withdrawal of the charges against the three who are said to be suppliers of the alleged substandard transformers.
Come April 13, Chumo moved to the High court challenging a decision by the DPP to introduce new charges against him just as the graft case was in its last stages. Only one of the 34 witnesses was yet to testify.
Chumo argued it was unfair for the DPP to expose him to a trial where 33 out of 34 witnesses had testified over a period of three years and eight months but goes ahead to withdraw the charges against his co-accused.
"I believe the DPP made a decision to discharge the beneficiaries of an alleged conspiracy from criminal proceedings while sustaining charges against me, an alleged co-conspirator. His actions have violated my rights," he said
Chumo was in 2018 charged in court for willful failure to comply with procurement procedures.
However, he says he did not participate in the procurement process that resulted in the contract dated August 3, 2012, between Kenya Power and Muwa.
