The High Court has declined Director of Public Prosecution (DPP) Renson Ingonga’s oral request to withdraw the Ksh7.6 billion graft case against businessman Yagnesh Devani in the Triton oil scandal.
DPP Ingonga sought to withdraw the case, citing that some witnesses have died, and others cannot be traced.
The court on Tuesday, October 15, ordered Ingonga to make a substantive application with evidence of missing witnesses.
However, Devani, who was extradited from the UK to Kenya after a 16-year run to face charges, has been granted permission for foreign travel for business purposes.
In the scandal, Devani’s firm, Triton Petroleum Company Limited, is accused of releasing thousands of tonnes of mortgaged petroleum without the consent of the mortgage owners.
Charges Against Yagnesh Devani in the Triton Oil Scandal
The prosecution filed 11 charges against Devani, including fraudulent disposition of mortgaged goods, conspiracy to defraud, and obtaining money by pretences.
Triton is alleged to have disposed of 675.592 cubic metres of petroleum, valued at Ksh71 million ($550,020), to Total Kenya Limited without the consent of Emirates National Oil Company.
Additionally, Triton is accused of disposing of 13,054.850 cubic metres of petroleum, valued at $10,446,888.36 (approximately Ksh1.3 billion), and Ksh32 million worth of fuel to Total Kenya Limited, again without the consent of Emirates National Oil Company (Singapore) Limited, the mortgagee.
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The charge sheet indicated that Devani committed these offences on September 5, 2008, in Nairobi, while serving as the director of Triton, alongside others who have already been charged.
EACC Case With the Tycoon for Over 15 Years
The Ethics and Anti-Corruption Commission (EACC) arrested Devani on August 5 pursuant to a warrant of arrest issued in 2009.
The Commission investigated the allegations of irregular release of 126 million litres of petroleum products worth Ksh7.6 billion by the Kenya Pipeline Co. Ltd to Triton Petroleum Co. Ltd in breach of a Collateral Financing Agreement involving Emirates National Oil Company (ENOC).
Upon the conclusion of the investigations, several persons were charged on June 16, 2009, at the Milimani Anti-Corruption Court.
However, Devani, the key suspect, fled the country and never took a plea. On 17 June 2009, the Commission obtained a warrant of arrest against him that remained in force.
Further, the trial against the other suspects proceeded to closure.
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In collaboration with the Directorate of Criminal Investigations (DCI), EACC initiated extradition proceedings in August 2009 to bring back Devani from the United Kingdom to face charges levelled against him, which he challenged.
All the cases in which he challenged his extradition were dismissed by the Apex Court in the United Kingdom vide Court of Appeal in Secretary of State for Home Department vs. Yagnesh Mohanlal Devani (2020) EWCA Civ 612, whose judgment was delivered on 7 May 2020.
However, after 15 years as a fugitive, the tycoon was extradited to Kenya on January 23, 2024, and charged in Milimani. On January 29, 2024, the Commission wrote to the DPP, recommending that Yagnesh Mohanlal Devani be charged separately.
On July 25, 2024, the DPP instructed the Commission to draft a fresh charge sheet for Mr. Devani’s prosecution. As a result, on August 6, 2024, the Commission arrested Devani and brought him before the court.
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