Director of Public Prosecutions (DPP) Renson Igonga recently sought to withdraw the Ksh 7.6 billion corruption charges against businessman Yagnesh Devani and Triton Petroleum Company Limited.
The case, tied to the infamous 2008 Triton oil scandal, has been ongoing for over a decade, complicated by witness deaths and evidence issues.
Prosecutor Eliphas Ombati presented an oral application to Magistrate Harrison Barasa to dismiss the case, explaining that key witnesses had either passed away or could not be located.
However, Barasa rejected the oral request, requiring a formal application with detailed information on the status of witnesses, emphasizing that this case remains of significant public interest.
The DPP’s decision to pursue the dismissal of the case has brought renewed attention to the history of controversial case withdrawals by the Office of the Director of Public Prosecutions (ODPP) under different leaders, including Igonga.
The ODPP has faced scrutiny for dropping charges in several high-profile cases involving well-connected individuals, often citing insufficient evidence or issues with witness reliability.
Such actions have fueled public mistrust, with claims that these withdrawals weaken accountability and transparency in Kenya’s justice system.
Justice Nixon Sifuna, in a past ruling, criticized the ODPP for creating a laundry manner of prosecution, describing the trend of withdrawals as increasingly notorious within Kenya’s legal framework.
Devani’s Triton scandal, in particular, remains one of Kenya’s largest corporate fraud cases.
Accused of fraudulently releasing 126 million liters of oil without mortgage holders’ consent, Devani fled Kenya in 2009 and fought extradition in the UK for years.
He was finally extradited back in 2024, with the case resuming after a 15-year gap. This scandal alone, along with the ODPP’s recent struggles, reveals significant challenges in Kenya’s prosecution efforts, as the system navigates issues of case integrity, witness reliability, and external pressure in cases involving powerful figures.
While Igonga defends his office’s occasional withdrawals due to changing case circumstances, public patience is thinning as prominent cases continue to be withdrawn or indefinitely delayed.
The Devani case is set for mention on October 22, 2024, as the DPP works on a detailed filing to comply with the court’s request for specific witness information.
As public interest remains high, both the outcome and the process will likely influence perceptions of justice in Kenya for years to come.
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