A Nairobi court allowed the withdrawal of criminal charges against three directors of Kenya Hospital Association Limited, the entity that operates Nairobi Hospital.
Principal Magistrate Peter Mutai ruled in favour of the prosecution’s application to withdraw the charges under Section 87(a) of the Criminal Procedure Code (CPC).
The three Barcley Mogere Onyambu, Magdalene Koki Muthoka, and John Nyiro Mwero had been charged under the Companies Act for allegedly failing to lodge the company’s financial statements for multiple years, including 2022, 2023, and 2024, with the Registrar of Companies.
State counsel Nora Otieno told the court that the Office of the Director of Public Prosecutions (DPP) had opted to review the case further and did not intend to proceed with the charges “as they are.”
“We wish to withdraw all the charges against the intended accused persons… to allow further review of the file,” the prosecution submitted.
A battery of high-profile defence lawyers led by James Orengo however termed the withdrawal an abuse of the court process.
“It is unfortunate that the prosecution would file a charge and then seek to withdraw it. That in itself is an abuse,” Orengo argued, warning that a withdrawal under Section 87(a) leaves a “cloud” over the accused, who may still face re-arrest or recharging.
He urged the court to reject the application or instead acquit the accused under Section 202 of the CPC.
Other defence lawyers, including Babu Owino, criticized the manner of arrest, describing it as humiliating and unconstitutional.
Babu cited violations of rights under Article 28 and Article 49 of the Constitution.
The defence team argued that the prosecution had failed to provide substantive reasons for withdrawal.
However, the prosecution maintained that Section 87(a) was the only applicable legal avenue at the current stage of proceedings and dismissed claims of abuse.
“The DPP is guided by decision-to-charge guidelines… We are seeking an opportunity to right every wrong,” the state argued.
In his ruling, Magistrate Mutai sided with the prosecution, allowing the withdrawal of the charges under Section 87(a).
The decision means the accused persons are free for now, but the charges may be reinstated in future should the prosecution decide to proceed after its review.
Four other directors are facing charges in court over the same saga.
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