- The ODPP managed to convince the High Court to issue the order three days after a Magistrates court declined their application to withdraw the case...
Image: The Star
The Office of the Director of Public Prosecutions has obtained an order suspending any further proceedings touching on the Sh30 million graft case facing former Kenya Pipeline MD Charles Tanui.
The ODPP managed to convince the High Court to issue the order three days after a Magistrates court declined their application to withdraw the case.
Senior Assistant Director Public Prosecutions Alexander Muteti revealed to the Magistrates court that they had obtained an order on Tuesday suspending the case.
The case had been listed for further hearing today with the Investigating officer expected to give his evidence in the case.
But immediately after the court session began, Muteti told trial Magistrate Victor Wakumile that they were not ready to proceed with the matter.
He said the High Court issued the order to allow them to canvas a review of the case. The matter was slotted for a hearing on Thursday.
"The revision will come up before the presiding judge of the anti-corruption High Court tomorrow. Grant us time to allow us to argue that application," Muteti told Wakumile.
The court confirmed it had received the order of the High Court and subsequently suspended the hearing pending the outcome of the application.
The witness was, however, present in court. The matter will be mentioned on April 3.
Just last week, Wakumile declined an application by the DPP to withdraw the case.
He instead directed that the matter proceed to its logical conclusion.
"The power to withdraw cases is not absolute but must be exercised judiciously with due regard to public interest," the Magistrate said.
Tanui was in 2020 charged with 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.
Tanui faced abuse of office charge and wilfully failure to comply with the procurement laws.
The charge sheet indicated that on February 18, 2014, at Kenya Pipeline Company Offices in Industrial Area within Nairobi City County, being the Managing Director of Kenya Pipeline Company he wilfully failed to comply with the law relating to procurement by authorising payment of Euros 261,070(Sh30 million) to a firm for the supply, installation and commissioning of line 2 station autotransformer without a written and signed contract.