The Director of Public Prosecutions has been given 21 days to list reasons why he chose to withdraw charges against a company implicated in Sh400 million graft case.
The company is accused of being involved in the supply of faulty transformers.
The DPP on March 22, withdrew charges against Muwa Company, its directors James Njenga, his wife Grace Wanjira and son John Mungai.
No reasons were given for the withdrawal of the charges against the three.
As the matter was mentioned before trial magistrate Felix Kombo, it was noted that the DPP was yet to indicate reasons for the withdrawal which would result in an amendment of the charges.
Prosecution counsel Alex Akula asked the court to grant him more time to table reasons and also do a formal application for amendment of charges.
On April 13, former Kenya Power boss Ben Chumo moved to the High Court challenging a decision by the DPP to introduce new charges against him.
Chumo says it is unfair for the DPP to expose him to a trial where 33 out of 34 witnesses testified over a period of three years and eight months but goes ahead to withdraw the charges against his co-accused.
"I believe the DPP made a decision to discharge the beneficiaries of an alleged conspiracy from criminal proceedings while sustaining charges against me, an alleged co-conspirator. His actions have violated my rights," he said.
Chumo was in 2018 charged with wilful failure to comply with procurement procedures.
However, he says he did not participate in the procurement process that resulted in the contract dated August 3, 2012 between Kenya Power and Muwa.
Muwa Company and its directors who were charged alongside Chumo and others with conspiracy, have now been taken out of the case.
The case will be mentioned on May 31 to confirm whether the DPP has put in the required documents.
(Edited by Tabnacha O)
