The Anti-Corruption Court in Nairobi will today rule on a bid by the DPP to drop charges against former Geothermal Development Company managers who were in 2015 charged with Sh1.7 billion graft.
The bid which elicited sharp opposition from the Ethics and Anti-Corruption Commission returns to court for a ruling by Chief Magistrate Thomas Nyoki.
The accused persons are former MD Silas Masinde Simiyu, former company secretary Praxidis Namoni Saisi, Dr Peter Ayodo Omenda, Nicholas Karume Weke, Caleb Mbaye, Abraham Kipchirchir Saat, Michael Maingi Mbevi, Godwin Mwawongo and Bruno Mugambi Linyuri.
They had secured orders stopping their prosecution but the Supreme Court last year directed that the case proceed to its logical conclusion.
The apex court said there was nothing unpleasant about the charges levelled against them.
But now, the Director of Public Prosecutions wants to drop charges against former Geothermal Development Company MD Silas Simiyu.
DPP Renson Ingonga said his decision to drop the case against Simuyu is premised on grounds of a lack of sufficient evidence to prove the graft case.
However, the EACC has opposed the DPP's move to withdraw the graft charges arguing it is an abuse of the legal process and not made in the public interest and the interest of the administration of justice.
EACC through lawyer Hassan Muhamud said the DPP application was against the Supreme Court decision that had ordered the case to proceed to its logical conclusion.
"The accused persons herein had unsuccessfully challenged their prosecution to the Supreme Court but on January 27, 2023, the Supreme Court dismissed their final appeal and ordered that the case proceed to its logical conclusion," he submitted.
