The Malindi court has granted a request from the Office of the Director of Public Prosecutions (ODPP) to withdraw the corruption case against former Tourism Cabinet Secretary Najib Balala and 16 others.
The DPP sought to withdraw the case before the hearing had commenced.
In his ruling delivered on Wednesday afternoon, Malindi Chief Magistrate James Mwaniki approved the ODPP’s request for case withdrawal. He directed that the accused be discharged under Section 87(a) of the Criminal Code. The Magistrate further ordered the return of any cash bail and security documents to the respective depositors and sureties, relieving them of their obligations.
Despite the withdrawal, the Magistrate emphasized that this action by the ODPP does not constitute an abuse of the court process.
On July 31, 2024, the ODPP issued a directive to discontinue the proceedings, citing incomplete investigations and insufficient disclosure. The ODPP noted the indefinite timeline required to complete the investigations, which the Ethics and Anti-Corruption Commission (EACC) contested.
The EACC opposed the withdrawal, arguing it was against public interest and an abuse of the court process. In a responding affidavit, the EACC stated that they had submitted their investigation report to the DPP, who had concurred with the Commission’s recommendations to charge the suspects.
The EACC expressed surprise at the DPP’s sudden reversal, noting that the case was scheduled to proceed for hearing. They contended that by the time the DPP approved the charges, the investigations had been concluded and the evidence was adequate to support the case.
In their fervent appeal for the case to continue, the EACC suggested that the investigations could proceed without withdrawing the case. However, Chief Magistrate Mwaniki rejected this plea and decreed that Balala and his co-accused cannot be charged again on the same matter in the future.
