From fugitive from justice to freedom: Witnesses including former Energy Minister Kiraitu Murungi refuse to testify

Businessman Yagnesh Devani is now a free man after evading justice for 16 years over the Sh7.6 billion Triton company oil scam.

Devani was dismissed after key witnesses, including former Energy Minister Kiraitu Murungi, expressed reluctance to testify in the case.

Mr Murungi was listed as a material witness in the case, according to a ruling by chief anti-corruption judge Harrison Barasa on Monday afternoon.

In the ruling, Mr Barasa said Director of Public Prosecutions (DPP) Renson Ingonga and the Ethics and Anti-Corruption Commission (EACC) could not be forced to proceed with the case if the star witnesses did not cooperate or did not want to testify.

“This court found itself in a precarious situation as it prepared to proceed with the case. However, the DPP stated that he had difficulty giving evidence. Witnesses are not willing to come forward to testify. Therefore, he has no choice but to withdraw the case until he finds evidence,” Mr. Barasa stated.

The DPP, through senior prosecution lawyer Elphas Ombati, made an oral application to terminate the case on October 9. However, the Judge observed that the case was in public interest and directed the court to submit an affidavit before taking a decision on the matter.

When the affidavit was lodged the DPP highlighted a number of reasons why they wanted the case withdrawn. These included the death of some witnesses and Mr Kiraitu’s reluctance to testify.

The DPP also said efforts to track down the main complainant, the Emirates boss, were futile and the only information available was that the complainant had moved to Singapore.

The judge said that, according to the affidavit, the EACC was also duly consulted on the withdrawal of the application.

He also cited Article 157(8) of the Constitution, which provides that the DPP shall take into account the public interest and the fundamental principle in the administration of justice. Mr. Barasa also emphasized the need to prevent and prevent abuse of the legal process.

He then allowed the DPP’s application to terminate the case under section 87(a) of the Code of Criminal Procedure (CPC). According to this section, this means that Devani could still be prosecuted in the future if sufficient evidence is presented.

“It would be unreasonable for the trial to proceed at this point. We will force the relevant institutions to proceed with a case where they have made it clear that they do not have sufficient evidence to support the case,” Mr. Barasa said.

Devani was later referred to the courthouse returned He is from the United Kingdom, where he sought asylum in 2008.

The Kenyan government had requested his extradition, and he was subsequently brought into the country to face justice based on an international arrest warrant issued with the assistance of InterPol.

Devani opposed extradition but was blocked by UK courts.

He claimed at the time that justice could not be served and that Kenyan prisons were dirty, smelly and uninhabitable.

The charges filed against Devani and Triton are that between April 23 and December 4, 2008, they stole 318,656 metric tonnes of Jet fuel valued at $365,974 belonging to KCB, among others, at the Kipevu Oil Storage facility in Mombasa County.

The second charge said that on various dates between April 23 and December 4, 2008, he stole 2,000 metric tons of Automotive Gas Oil valued at $215,934, also belonging to KCB.

The court was told that between 15 May 2008 and 4 December 2008 at the Kipevu Oil Storage facility he, along with others, stole 418,134 tonnes of Motor Spirit Premium worth $438,031, which was also the property of the bank.

Devani faced alternative charges of fraudulent destruction of the highly flammable petroleum products in question.