- The Nakuru Chief Magistrate's Court allowed the ODPP to withdraw corruption charges against six Nakuru County officials in a case worth KSh 120,478,417
- The six officials faced allegations of receiving kickbacks to influence procurement processes linked to three companies associated with a county employee's husband
- EACC raised concerns in court over the withdrawal, citing significant public interest and the agency's role as the investigating body
The Nakuru Chief Magistrate's Court has granted an application by the Office of the Director of Public Prosecutions to drop corruption charges against six Nakuru County government officials, in a procurement fraud case involving payments of KSh 120,478,417 to three private companies.
Chief Magistrate Hon. Tito Gesora presided over the proceedings on October 19, 2026, during which the ODPP moved to withdraw counts 12 to 17 in the case styled Republic v. Lorna Karamuta Mubichi and 11 others, ACC E006 of 2026.
Officials Named in the Withdrawal
The six officials whose charges were dropped are Daniel Ndung'u Wainaina, Kennedy Mungai Barasa, Timothy Kiogora Murithi, Josphat Kimemia, Peter Thabanja, and Dr. Solomon Sirma.
Each had been charged with engaging in corrupt practice, with prosecutors alleging they accepted kickbacks to manipulate procurement decisions within the county.
The ODPP relied on section 87(a) of the Criminal Procedure Code in seeking the withdrawal, informing the court that a review of the available evidence had found it insufficient to establish a connection between the financial transactions and any specific tender or procurement process.
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Defence counsel in the matter supported the application.
EACC Raises Public Interest Concerns
The Ethics and Anti-Corruption Commission, which investigated the case, told the court it had not been formally notified of the ODPP's intention to withdraw the charges.
The Commission argued that, given both its role as the investigating agency and the substantial public interest in the proceedings, the prosecution ought to have filed a written application and served it on EACC beforehand so that the Commission could seek instructions and file a formal response.
Despite EACC's concerns, the court upheld the ODPP's application, ruling that prosecutorial authority vests in the Director of Public Prosecutions and accepting the prosecution's position that the evidence did not meet the threshold required to sustain the charges.
Background to the Case
The case originated from investigations into an alleged conflict of interest involving a Nakuru County employee and three companies associated with her husband, Kenneth Murithi Ndubi.
The companies, Denken Building & Construction Limited, Murinchamba Investments Limited, and Windcom Solutions Limited, collectively received payments from the county across five financial years spanning 2020/2021 to 2024/2025.
The charges dropped relate solely to the six named officials. The broader case remains active, with the remaining charges scheduled for hearing on March 8, 2027.
Source: TUKO.co.ke