The Office of the Director of Public Prosecutions obtained an order suspending any further proceedings touching on the Sh30 million graft case facing former Kenya Pipeline Managing Director Charles Tanui.
In unprecedented move, the ODPP moved to the high court to stop the case which was almost complete.
It comes three days after a Magistrate’s court declined their application to withdraw the case.
Senior Assistant Director of Public Prosecutions Alexander Muteti revealed to the magistrate court that they had obtained an order on Tuesday suspending the case.
The case had been listed for further hearing Wednesday with the Investigating officer expected to give his evidence in the case.
Muteti told trial Magistrate Victor Wakumile that they were not ready to proceed with the matter.
He said the High court issued the order to allow them canvas a review of the case.
The matter was slotted for hearing Thursday.
“Grant us time to allow us argue that application,” Muteti told Wakumile.
The court suspended the hearing pending outcome of the High Court application.
The witness was however present in court. The matter will be mentioned on April 3.
Last week, Wakumile declined an application by the DPP to withdraw the case.
He instead directed that the matter proceed to its logical conclusion.
“The power to withdraw cases is not absolute but must be exercised judiciously with due regard to public interest,” said the Magistrate.
Tanui was in 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.
Tanui faced an abuse of office charge and wilfully failure to comply with the procurement laws.
The charge sheet indicated that on 18 February 2014 at Kenya Pipeline Company Offices in Industria Area within Nairobi City County, being the Managing Director of Kenya Pipeline Company wilfully failed to comply with the law relating to procurement by authorizing payment of Euros 261,070.42 (Sh30 million) to Redline limited for the Supply, installation and commissioning of line 2 station auto transformer without a written and signed contract.
This is the latest case to be withdrawn by the prosecution in a series that have raised concern on the seriousness to fight graft.
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