A Milimani Anti-Corruption Court Friday dismissed an application by the prosecution seeking to withdraw the ongoing graft case against former Kenya Pipeline Managing Director Charles Tanui.
In the application opposed by the Ethics and Anti Corruption Commission (EACC), the Magistrate said that the power to withdraw cases is not absolute but must be exercised judiciously, with due regard to public interest.
Some 25 out of 26 witnesses had already testified.
An application by the office of the Office of Director of Public Prosecutions (ODPP) to have the Sh30 million graft case facing Tanui withdrawn was declined.
Anti corruption Magistrate Victor Wakumile directed that the matter proceeds to its conclusion.
Only one witness is remaining before the case comes to a close.
“The power to withdraw cases is not absolute but must be exercised judiciously with due regard to public interest,” said the Magistrate.
Tanui was on 2020 charged with irregular payment of Sh30 million for the supply of three transformers when he was in office.
He was charged alongside Elias Maina who was chief manager in charge of the technical department and Josphat Sirima who was the chief engineer.
They denied the charges and were granted a bail of Sh700,000 each or an alternative Sh2 million bond and one surety.
The ODPP has been making applications to withdraw some seen to be politically motivated.
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