Court Declines DPP's Request To Dismiss Ksh.31M Graft Case Against Former Kenya Pipeline MD Tanui

 

File image of former Kenya Pipeline Managing Director Charles Kiprotich Tanui

In a hurry? Here’s a quick summary…

• Milimani High Court denies application to withdraw Ksh.30 million corruption case against former Kenya Pipeline MD and co-accused.

• Office of the Director of Public Prosecutions (ODPP) had prepared 25 witnesses but declined to lead the last witness, leading to the court's decision.

• ODPP's request to drop the case was turned down, ordered to proceed to conclusion by the court.

• Second attempt by ODPP to dismiss the case, rejected by trial court.

• Previous criticism of ODPP for inadequately leading witnesses resulting in defendants' acquittals.

• Defendants charged with breaching procurement laws by authorizing payment to Redline Limited for autotransformers.

• Allegations include misuse of office to benefit Redline Limited and certifying false documents regarding the tender.

• Ethics and Anti-Corruption Commission (EACC) asserts payments were made under false documents, autotransformers were never installed or commissioned as per contract.

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Court Declines DPP's Request To Dismiss Ksh.31M Graft Case Against Former Kenya Pipeline MD Tanui

The Milimani High Court has rejected a request to drop a corruption case involving former Kenya Pipeline Managing Director (MD) Charles Kiprotich Tanui and his co-accused, which amounts to Ksh.30 million.

This decision deals a setback to the Office of the Director of Public Prosecutions (ODPP), which had prepared 25 witnesses for testimony before opting not to present the final witness, an EACC Investigating Officer.

Despite the ODPP's subsequent plea to dismiss the case, the court has insisted that proceedings must continue until completion.

This marks the second instance where the ODPP sought dismissal of the case, only to be denied by the trial court.

Previously, the DPP has faced criticism for summoning witnesses without leading them effectively, resulting in the court acquitting defendants due to insufficient evidence.

Tanui, along with Elias MainaKarumi (Former Chief Manager-Technical) and Josphat Kipkoech Sirma (Former Chief Electrical Engineer), was charged in 2020 for breaching procurement laws by authorizing payment to Redline Limited for autotransformers.

The court heard allegations that Karumi misused his position to benefit Redline Limited, while Sirma was accused of certifying false documents regarding the tender issued to the same company.

The Ethics and Anti-Corruption Commission (EACC) has asserted that payments to Redline Limited were made under false pretenses, with the autotransformers never being installed, tested, or commissioned as per the contract.