- The ODPP sought to withdraw counts 12 to 17 against the officials, arguing that a review of the evidence had failed to establish a link between the transactions under investigation and any tender or procurement process.
The Nakuru Chief Magistrate’s Court has allowed the withdrawal of corruption charges against six county officials accused of receiving kickbacks in a procurement-related case involving payments of Ksh.120.4 million to three companies.
The Office of the Director of Public Prosecutions (ODPP) sought to withdraw counts 12 to 17 against the officials, arguing that a review of the evidence had failed to establish a link between the transactions under investigation and any tender or procurement process.
The application was allowed on Monday, before
Chief Magistrate Tito Gesora, although the Ethics and Anti-Corruption
Commission (EACC) raised concerns over the withdrawal, saying it had not been
formally notified of the prosecution’s intention.
According to EACC, the commission asked the court to direct the prosecution to file a formal written application and serve it on the investigating agency to allow it to obtain instructions and respond, citing the public interest in the matter.
A charge sheet seen by Citizen Digital indicates that the wider case arose from investigations into alleged conflict of interest involving a Nakuru County employee and companies associated with her husband, Kenneth Murithi Ndubi.
The three companies named in the case are Denken Building
& Construction Limited, Murinchamba Investments Limited and Windcom
Solutions Limited, which allegedly received payments from the county government
between the 2020/2021 and 2024/2025 financial years.
The six officials who were arrested in July faced allegations of engaging in corrupt
practices by receiving kickbacks to influence procurement processes.
In seeking the withdrawal under Section 87(a) of the
Criminal Procedure Code, the prosecution maintained that the evidence was
insufficient to link the transactions in question to any tender or procurement
process. Defence lawyers supported the application.
EACC said its intervention was intended to ensure that it
received formal notification and an opportunity to respond, given its role in
investigating the matter and the public interest surrounding the proceedings.
The court allowed the application, accepting the
prosecution’s assessment of the evidence and noting that prosecutorial powers
rest with the DPP
The withdrawal applies only to the charges against the six
officials. The remaining case is scheduled for hearing on March 8, 2027.