The director of public prosecutions (DPP) Renson Ingonga has dropped Ksh1 billion charges against former Britam executives including Edwin Harold Dande and Elizabeth Nkuku.
According to Court papers, the charges were withdrawn after Britam failed to provide the necessary documents and evidence.
“The investigators sought the documents from the complainant, Britam Insurance, but the documents sought were not availed. A reminder was done but similarly got no response,” the acting assistant DPP Dorcas Rugut said.
She also added, “Consequently, the DPP has directed that the matter in court be withdrawn until the documents sought are availed to avoid miscarriage of justice.
All the four former Asset managers were accused of making unauthorized payments, an offence of two counts of theft by servant for the alleged transactions of more than Ksh1.1 billion from Britam in July and September 2014.
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Earlier attempts by the former officials to quash the charges were dismissed by the court of appeal after finding that they had admitted that they authorized the remittances and had agreed to reimburse the money to settle the dispute.
Court Demisses claims against former DPP
Additionally, the Court dismissed claims that then DPP Noordin Haji bowed to pressure from Britam to prosecute them, saying there was no evidence to support the claims.
In their defense, they argued that Britam was unhappy with their flourishing business careers and the case was a plan to bring them down.
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“Apart from making the bold assertion, the appellants provided no evidence to prove the allegation. It is not enough for a party to make wild allegations and leave it to court to summarize. Nor was there evidence that the first respondent (DPP) instituted the criminal proceedings in a bid to pressurize the appellants to settle claims instituted against them by 3rd respondent (Britam),” the Judges said.
Furthermore, they maintained that all the payments were made in accordance with the governance process of the institution, which included various board approval process and there was no fraud as claimed.
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