DPP seeks to withdraw Sh7.6 billion graft case against Devani

Businessman Yagnesh Devani outside Milimani Law Courts, Nairobi. [File, Standard]

Director of Public Prosecutions, Renson Ingonga is seeking to withdraw the Sh7.6 billion corruption charges against businessman Yagnesh Devani and his firm, Triton Petroleum Company Limited, stemming from the 2008 oil scandal.

On Monday, DPP Ingonga presented an oral application to Magistrate Harrison Barasa, requesting the termination of the case. He cited difficulties in tracing witnesses, noting that some have passed away.

Through prosecutor Eliphas Ombati, Ingonga applied to have the case dropped under section 87(a) of the Criminal Procedure Code (CPC).

This request comes months after the DPP recommended prosecution following Devani’s repatriation from the UK, where he had been on the run for 16 years.

"I urge this court to withdraw the case against the accused persons, as the prosecution has encountered difficulties in tracing witnesses," the prosecutor stated.
The defence lawyers did not oppose the DPP's application.

However, Magistrate Barasa denied the oral request and instructed the DPP to file a formal application supported by an affidavit, emphasizing that the case is of great public interest and cannot be withdrawn without substantial reasons.

"The DPP must provide details in the formal application and affidavit regarding the deceased witnesses and those who are alive but cannot be traced," Barasa said.

However, the magistrate did allow Devani's request to have his passport returned so he can travel abroad for business transactions.

The case will be mentioned on October 22, 2024, to confirm compliance with the DPP's requirement to file a formal application to terminate the charges.

In this case, Devani and Triton Petroleum Company Limited are accused of the fraudulent release of 126 million liters of oil, violating a collateral financing agreement with Emirates National Oil Company (Singapore) Limited. Devani faces eleven counts of fraud, including conspiracy to defraud, obtaining by false pretenses, and the fraudulent disposition of mortgaged goods.

One of the key allegations is that on September 5, 2008, while serving as Managing Director of Triton Petroleum, Devani and others unlawfully disposed of 13,054,850 cubic meters of diesel, valued at approximately USD 10,146,888.36 and Sh 32,017,783.66, to Total Kenya Limited without the consent of Emirates National Oil Company, the mortgagee.

Devani is out on Sh5 million cash bail.