Director of Public Prosecutions (DPP) Renson Ingonga has sought to withdraw the Ksh 7.6 billion corruption charges against billionaire businessman Yagnesh Devani and his firm, Triton Petroleum Company Limited, linked to the 2008 oil scandal. The DPP, through prosecutor Eliphas Ombati, made an oral application before Magistrate Harrison Barasa, citing difficulties in prosecuting the case due to the deaths of key witnesses.
Ingonga, who had previously recommended Devani’s prosecution after his extradition from the UK following 16 years on the run, applied to dismiss the case under Section 87(a) of the Criminal Procedure Code (CPC). “I urge this court to withdraw the case against the accused persons as the prosecution has encountered difficulties in tracing witnesses, some of whom have died,” said the prosecutor.
Defence lawyers did not oppose the DPP’s application. However, in a brief ruling, Magistrate Barasa rejected the oral request, directing the DPP to file a formal application and an affidavit. Barasa emphasized that the case holds significant public interest and cannot be withdrawn without sufficient justification. “The DPP must specify in the formal application and affidavit the details of the deceased witnesses as well as those who are still alive but cannot be traced,” he stated.
In the same session, the court granted Devani’s request to have his passport returned to facilitate his travel abroad for business. The case is set for mention on October 22, 2024, to confirm compliance with the court’s orders.
Devani and Triton Petroleum Company Limited are accused of fraudulently releasing 126 million litres of oil, breaching a collateral financing agreement with Emirates National Oil Company (Singapore) Limited. Devani faces eleven counts of fraud, including conspiracy to defraud, obtaining by pretences, and the fraudulent disposition of mortgaged goods.
