Director of Public Prosecutions (DPP) Renson Ingonga has detailed the reasons behind the withdrawal of the Sh8.5 billion corruption case against former Tourism CS Najib Balala and 16 other defendants.
In a letter to the Ethics and Anti-Corruption Commission (EACC), Ingonga explained that the decision to withdraw the case was made in the interest of justice and to prevent misuse of the court system. He cited significant gaps in the case that the EACC had failed to address, despite recommendations to do so.
Ingonga clarified that the charges against Balala, his former Permanent Secretary, and their co-defendants were withdrawn due to the EACC’s failure to provide necessary documentation and address crucial evidential gaps. These deficiencies meant the charges could not be proven beyond a reasonable doubt.
Proceeding with the case under these conditions would have violated the accused’s right to a fair trial and been contrary to public interest, Ingonga argued. Although the EACC claimed they were not consulted before the withdrawal, Ingonga noted that Article 157 (10) of the Constitution grants the DPP independent authority, excluding external direction or control.
Ingonga emphasized that the DPP’s decision to withdraw was made after an independent review and the granting of permission by the court. The case had initially proceeded based on the Threshold Test, with investigators promising to provide additional evidence. However, despite repeated directions from the DPP, the necessary evidence was never produced, leading to the decision to withdraw the charges.
The EACC opposed the withdrawal, labeling it as an abuse of court process and against public interest. They asserted that they had submitted a comprehensive investigation report to the DPP, who had initially agreed with the recommendations to charge the suspects. The sudden reversal by the DPP was unexpected, as the case was scheduled for hearing.
On July 31, the Malindi court granted the DPP’s application to withdraw the graft case. Chief Magistrate James Mwaniki approved the request, discharging the accused under Section 87(a) of the Criminal Code and ordering the release of any cash bail and security documents deposited in court.
The magistrate concluded that the withdrawal of charges, as sought by the DPP, did not constitute an abuse of the court process.
