A Mombasa Court on Monday, February 13 withdrew Ksh19 million corruption case against Gender and Public Service Cabinet Secretary Aisha Jumwa.
The case was officially withdrawn after an amended charge sheet without Jumwa’s name but with that of the remaining six accused was presented in court.
Mombasa Chief Magistrate Martha Mutuku allowed the withdrawal of the case under Section 87 (a) of the Criminal Procedure Code (CPC) following an application by the prosecution.
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Magistrate Mutuku read the charges afresh to the six who pleaded not guilty. Their bond terms previously set by the court were maintained.
She was further directed that the cash bail deposited by Ms Jumwa be refunded.
In October, the prosecution told the court that they received several petitions from CS Jumwa seeking a review of the charges and that upon assessment of the file, it was found proper to have the issues further investigated.
“In that regard, we have been directed that the case against other accused proceed as we address the issues raised against Ms Jumwa,” Prosecutor Alex Akula told the court at that time.
Withdrawal of the case under Section 87 (a) of the CPC means that the prosecution can withdraw a charge against an accused person but should it get more evidence to sustain the charge, it can arrest and charge the individual afresh.
The remaining accused are Wachu Omar, Kennedy Otieno, Bernard Riba, Sophia Saidi, Margaret Kalume, Robert Katana and Multiserve contractors.
They have been accused of conspiracy to commit fraud through payment of Sh19 million to Multiserve Contractors in respect to tender number MLD/NG-CDF/01/2017/2018 of the National Government Malindi Constituency Development Fund.
The offence is alleged to have been committed between May 14 and October 12, 2018 in Malindi sub-county, Kilifi County.
The court heard that on those dates, Otieno, Riba, Saidi and Kalume, being members of the tender evaluation committee, jointly and willfully failed to comply with the law related to procurement.
Omar, a fund account manager at NG-CDF offices Malindi, has also been charged with two counts of willful failure to comply with the law related to procurement.
Another accused, Katana, has been charged with three counts of forgery and uttering a forged document.
Katana and Multiserve Contractors Ltd have also been charged with fraudulent acquisition of public property.
The case will be heard on April 20.
