ODPP withdraws car theft case against popular Nairobi dealer Francis Ng'ang'a

The Office of the Director of Public Prosecutions (ODPP) at the Makadara Law Courts has withdrawn a car theft suit against popular Nairobi car dealer and proprietor of Valley Road Motors Francis Ng’anga’, his son Brandon Njoroge Ng’ang’a and their accomplice Robert Bundi Mugaa.

The matter was discharged under Section 87A of the Criminal Procedure Code (CPC), and Principal Magistrate Gilbert Shikwe lifted a warrant of arrest issued against the trio on May 28, 2025.

"The accused persons are discharged, the orders issued on May 29, 2025, are hereby vacated," magistrate Shikwe ruled yesterday.

The warrant had been issued after the trio absconded from a court session.

A matter withdrawn under Section 87A of the CPC is considered alive, but its proceedings are suspended and can be reinstituted.

The matter was withdrawn under this section because the complainant was not in court to take an oath and confirm to the court that he is no longer interested in pursuing the case, which would have made the magistrate drop it under section 204 of the CPC.  

Only lawyers for the suspects and complainants were in court on Tuesday when it was withdrawn.

Ng'ang'a was facing charges of conspiring with others, including his son Brandon Njoroge Ng'ang'a and their accomplice Robert Bundi Mugaa to steal a motor vehicle, make Mercedes Benz S350 registration number KDS 724T valued at Sh6.5 million, property of a cit,y Andrew Kiarie.

The warrant had been issued after they failed to appear in court for plea taking, but they settled the matter out of court with the complainant, a city lawyer, leading to the temporary withdrawal of the matter.

The three, Ng'ang'a, his son Brandon and Bundi skipped a court session where they were to be charged with conspiracy to commit a felony contrary to section 393 of the Penal Code.

They also face accusations of theft of a motor vehicle contrary to section 287 (A) of the Penal Code. 

"...Whereas Brandon Njoroge has this day been charged before this court for that he failed to attend court on May 28, 2025, ...you are hereby commanded forthwith to apprehend the said accused and bring him before this court to answer to the said charge, and to be further dealt with according to the law." The warrant of arrest addressed to Dandora police reads in part.

"...Whereas Francis Ng'ang'a has this day been charged before this court for that he failed to attend court on May 28, 2025, ...you are hereby commanded forthwith to apprehend the said accused and bring him before this court to answer to the said charge, and to be further dealt with according to the law." The other warrant of arrest reads in part.