Nyaribari Masaba MP Daniel Manduku wants the Director of Public Prosecutions (DPP) Noordin Haji to drop the Sh1.4 billion graft case leveled against him over alleged irregular procurement and unlawful awarding of tenders at the Kenya Ports Authority.
Mr Manduku, who is the former Kenya Ports Authority (KPA) managing director, wants the DPP to review and withdraw the criminal charges on grounds that there is insufficient evidence to support the case.
His lawyers on Tuesday told trial magistrate Victor Wakumile that they had written to the DPP seeking a review.
The planned hearing of the case failed to take off after the defence lawyers said there is the possibility of the DPP withdrawing the charges.
"We are seeking adjournment for today's proceedings. We have written to the DPP a letter seeking to review the criminal proceedings. If the review is considered, there is a probability of the charges being withdrawn," said the defence.
Prosecutor Evah Kanyuira confirmed that ODPP had received the letter and sought more time for his boss to give further directions.
"I confirm that we have received a letter from the firm of advocates representing the accused. I have not been able to peruse the letter. We plead with the court to give us time to review the letter and see if it will have any impact on the case,” said the prosecutor.
The magistrate allowed the request and fixed the case on November 29.
However, the court declined Mr Manduku's request to release his passport on the basis of his election as a Member of Parliament.
The magistrate urged him to file a formal application, stating that the return of the travel documents, which were deposited in court as part of the bond terms, is not automatic. "I agree entirely with the DPP, it doesn't mean that when you are an MP you can get back your passport. Whenever you need it, you make an application.