An application by the office of the DPP to have the Sh30 million graft case facing former Kenya Pipeline MD Charles Tanui withdrawn has been declined.
Anti-Corruption Court Magistrate Victor Wakumile has directed that the matter proceed to its conclusion.
Only one witness is remaining before the case comes to a close.
"The power to withdraw cases is not absolute but must be exercised judiciously with due regard to public interest," the Magistrate said.
Tanui had been charged with the irregular payment of Sh30 million for the supply of three transformers when he was in office.
He was charged alongside Elias Maina who was chief manager in charge of the technical department and Josphat Sirima who was the chief engineer.
The three were accused of abuse of office.
But they denied the charges before Anti-Corruption Chief Magistrate Douglas Ogoti.
They were then released on Sh700,000 bail each or an alternative Sh2 million bond and one surety.
