The Director of Public Prosecutions has received the court's approval to discontinue corruption charges against a former top manager of the State-owned Kenya National Trading Corporation (KNTC) linked to the edible oil and rice import scandal.
This marks another instance where the DPP has discontinued charges in a high-profile corruption case, citing insufficient evidence from investigators.
The trial court in Milimani, Nairobi, allowed the DPP to withdraw charges facing Mr Amos Juma Sikuku, the former Supply Chain and Logistics Manager of KNTC.
The development leaves former KNTC Managing Director, Pamela Nduku Mutua, alone in the dock defending the criminal charges related to non-compliance with procurement laws.
The DPP stated that a review of the charges showed the evidence obtained by investigators was no longer sufficient to sustain the accusations facing Mr Sikuku.
"Proceeding on the watershed peremptory principle that if the criminal proceedings were instituted in public interest at a time when investigations revealed evidence sufficient to sustain the charges, it will equally be in the same public interest to discontinue the criminal proceedings whenever it emerges from further investigations or inquiries or new evidence or circumstances which can no longer sustain the criminal proceedings," said Principal Magistrate Charles Ondieki.
The case stemmed from a 2024 probe into KNTC’s procurement of rice, where officials were accused of flouting tendering laws.
"This court has been firmly persuaded that this application is in conformity with the precepts of public interest, the interests of the administration of justice, and the need to prevent and avoid abuse of the legal process," he stated.
Mr Sikuku and Ms Mutua were arraigned on July 30, 2024, and charged with six diverse counts of offences related to corruption.
Ms Mutua faced five charges related to alleged wilful failure to comply with applicable procurement laws, while Mr Sikuku faced one count of abuse of office.
The court also allowed the DPP to amend the charges and directed that Ms Mutua was at liberty to demand that the witnesses or any of them be recalled for further cross-examination.
So far, out of the 33 witnesses listed in the Prosecution's list of witnesses, six have testified, leaving a balance of 27 witnesses to go.
The court papers show that the criminal proceedings arose from the importation and distribution of essential food commodities, in particular rice, by the KNTC.
Ms Mutua is accused of failing to report to the Public Procurement Regulatory Authority after the issuance of a notification of award to Purma Holdings Limited.
She faced another accusation of failing to obtain the requisite approval before the commencement of the procurement of bulk commodities.
The Prosecution alleged that the offences were committed in November and December 2022. She has since denied the charges and is out on bond terms.
While asking the court to discontinue charges against Mr Sikuku, the DPP, through Prosecution Counsel Mr Delroy Mwasaru, argued that the accused was charged with the offence of abuse of office on account of rendering a professional opinion in the contested procurement.
The Prosecution Counsel said that the subject professional opinion was not binding on the accounting officer of KNTC, who bore the ultimate responsibility for ensuring compliance with all the applicable procurement laws and regulations, before the issuance of an award to any given bidder.
