Director of Public Prosecutions Renson Igonga now wants to drop charges against 13 of the 30 suspects who were in 2018 charged with theft of Sh122 million from the Government Advertising Agency.
The prosecutor on Tuesday told Nairobi chief magistrate Lucas Onyina that a review of the charges against former ICT Principal Secretary Sammy Itemere and 12 other co-accused found insufficient evidence to sustain the charges.
As such, the state made an application before the court to have charges against Itemere, Edith Nkanata, Amos Matanga, Gladys Bwora, Gladys Mwanyika, Jesca Ateka, Rachael Wanjiru, Nellie Kibocha, Sammy Makau, Martin Njoroge, Hannah Wangari, Edmundi Munene and Victor Owino.
They were charged with offences ranging from abuse of office, theft, conspiracy to steal and conspiracy to commit a felony.
They were charged alongside Kakamega Deputy Governor Ayub Savula (then serving as Lugari MP) and his two wives.
Two accused persons Henry Mungasia and Tabitha Nyamboke have since died. Also charged were seven entities.
The DPP told the court that charges against Savula, his two wives, former GAA director Dennis Chebitwey and the remaining six suspects proceed to a full conclusion.
He also requested for two weeks to amend the charges against the remaining suspects.
But that request was swiftly opposed by defence counsels led by Cohen Amanda who is representing Savula and his two wives.
Amanda said amending the charge sheet would make the matter appear fresh. He instead urged the court to set hearing dates for the remaining suspects.
The application to have charges dropped against Itemere and the 12 other accused persons was not opposed.
Chief Magistrate Onyina said he will deliver a ruling on the DPP's application on Monday. The court also set April 22 for the hearing of the matter.
There are nine witnesses expected to testify before the prosecution concludes its case.
