The Nairobi Anti-Corruption Court has refused a verbal request by the Director of Public Prosecutions (DPP) to withdraw Sh7.6 billion corruption charges against businessman Yagnesh Devani and his company, Triton Petroleum Company Limited.
Magistrate Harrison Barasa, on Tuesday, declined the oral application presented by the prosecution, citing the need for a more formal submission given the public significance of the case.
The DPP, represented by prosecutor Eliphas Ombati, sought to drop the case under Section 87(a) of the Criminal Procedure Code, claiming difficulty in locating crucial witnesses.
According to Ombati, several witnesses had died, while others were untraceable, hindering the prosecution's ability to proceed with the case.
"I urge this court to withdraw the case against accused persons as the prosecution has experienced difficulties in tracing witnesses as some have since died," Ombati stated during the hearing.
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This marked a dramatic turn of events just months after the DPP recommended prosecuting Devani, who had fled to the United Kingdom after being accused of orchestrating one of Kenya’s most significant financial scandals.
Despite the prosecution’s plea, Magistrate Barasa rejected the request to terminate the charges, directing the DPP to submit a formal written application accompanied by affidavits detailing the situation.
"The DPP must indicate in the formal application and affidavit the particulars of the purported dead witnesses and those who are alive and cannot be traced," Barasa ruled, highlighting the gravity of the case and its public interest.
He emphasised that the withdrawal of such a high-profile case must be supported by substantial reasons.
Devani’s legal team did not oppose the DPP’s bid to have the case withdrawn.
However, the businessman was granted a minor reprieve when the court approved his request to have his passport returned so that he could attend to business matters outside the country.
Devani has been out on a Sh5 million cash bail while facing 11 counts of fraud and conspiracy.
The charges against Devani and his firm Triton Petroleum Company Limited revolve around the alleged fraudulent release of 126 million litres of oil in breach of a collateral financing agreement with Emirates National Oil Company (Singapore) Limited.
One of the central accusations is that, on 5th September 2008, while serving as Triton’s Managing Director, Devani conspired to dispose of over 13 million cubic metres of diesel, valued at USD 10.1 million and Sh32 million, to Total Kenya Limited without the mortgagee’s consent.
Devani, who was extradited to Kenya from the UK after 16 years on the run, will return to court on October 22, 2024, for further directions.
The case, closely watched by the public, has drawn attention due to its far-reaching implications in Kenya's battle against corruption, and the court's insistence on due process is likely to resonate with those following the proceedings.
