Former Kenya Power Managing Director Ken Tarus can now breathe a sigh of relief after the High Court in Nairobi ruled in his favor over a graft case against him.
The anti-corruption court on Wednesday, February 8 through chief magistrate Elizabeth Juma allowed the Director of Public Prosecution (DPP) to withdraw under section 87(a) of the civil procedure code.
“For a court to decline such a request for discharge, it ought to consider whether it is an outright abuse of the court process and if there is any objection from other accused persons,” the magistrate said adding that the court cannot compel the DPP to proceed with a case he does not wish to do so.
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However, DPP Haji said he will proceed with the case against eight other officials facing charges of awarding contracts to companies that led to the fraudulent payment of Ksh159 million.
Dr Tarus had been charged alongside former finance manager, Harun Karisa, the general manager for networks, Daniel Tare, and the general manager for supply chain, Daniel Muga.
Others were tender committee members Benard Muturi, Evelyne Amondi, Noah Omondi, John Njehia and James Muriuki.
The DPP through senior assistant Director of Public Prosecution Alexander Muteti said after reviewing the evidence tendered so far, no offence had been revealed against Dr Tarus. Other accused persons did not object to the application.
She noted that under the section, in which Dr Tarus was freed, the DPP is free to reopen the case and have him charged afresh.
Dr Tarus and other accused persons allegedly conspired to commit an economic crime by failing to comply with the procedures and guidelines relating to procurement which led to the fraudulent payment of Sh159 million to companies that were corruptly pre-qualified for labor and transport services.
