Win for ex-KPC boss Charles Tanui as Court suspends Sh30 million graft case

Former Kenya Pipeline Company Managing Director Charles Tanui. [File, Standard]

The High Court in Nairobi on Wednesday suspended the Sh30 million corruption case against former Kenya Pipeline Managing Director Charles Tanui.

This is after Director of Public Prosecution Renson Ingonga appealed the decision by Milimani magistrate Victor Wakhumile, not to drop the case.

Justice Lilian Mutende directed the lower court not to hear the last prosecution witness in the case and await for further directions from the High Court.

Wakhumile had ruled that he would proceed to hear the last witness and deliver a ruling on the case.

Tanui was charged alongside Elias Maina and Josephat Kipkoech.

Senior Assistant DPP Alexander Muteti told Mutende that the hearing had been suspended by the High Court.

He argued that the DPP was aggrieved by last week's orders by the magistrate declining to close the file.

Muteti said he had challenged the same before the High Court. Tanui's trial stemmed from recommendation by the Ethics and Anti-corruption Commission (EACC).

In its recommendation to the DPP, the anti-graft agency claimed that it had established that the money in question was paid using false documents and the items were never installed, tested or commissioned.

"The EACC established that a total sum of Sh30 million was paid to M/S Redline Limited using false documents whereas the items were never installed, tested or commissioned as per the contract agreement," EACC said in a statement sent to media houses.

According to EACC, Redline Limited was expected to supply, install, test and commission three autotransformers from M/S Agecelec of France. However, the agency said the work was not done.

"Upon completion of the investigations and pursuant to Section 35 of Anti-Corruption and Economic Crimes Act, the file was submitted to the Director of Public Prosecution (DPP) and upon independent review has granted the consent to charge the three," it continued.

The three were accused of abuse of office, making false documents and willful failure to comply with law relating to procurement.

On the other hand, wanted the DPP to drop the charges on account that the EACC had settled the case in 2018 and closed the file involving Redline.