A Nairobi court has extended time for the DPP to file a formal application to review charges on some of the accused persons in the Sh122 million Government Advertising Agency theft case against Kakamega Deputy Governor Ayub Savula and 28 others.
When the matter came up for mention on Thursday before Milimani chief magistrate Lukas Onyina, the prosecution asked for more time to make a formal application on the review of the charges.
"Your honor we are seeking more time to file a formal application before this court on reviewing charges on some of the accused persons in the case. By next week we will be ready," the prosecution told the court.
However, the lawyer representing Savula, Cohen Amanya requested the court to give another date saying his client will be traveling for an official duty in China from December 5.
"I request the court to release the passport for Ayub Savula who will be travelling to China for official duty for 10 days. Kindly grant us the request," Amanya told the court.
The magistrate allowed the application by the DPP and released the passport to Savula.
He set the case to be mentioned on February 7, 2023.
In October, the prosecution had also requested indulgence of the court to enable them to take out the hearing dates of the case.
"Your honour, some of the accused persons wrote to the DPP requesting a review of the charges and upon review of the request, the DPP noted that there are new and compelling reasons that are new to the case," the prosecution counsel told the court.
He added that the review may affect the cause of the hearing.
We seek two weeks to consult with the accused persons and their advocates before any decision is made to review the charges, the court was told.
The prosecution added that proceeding with the hearing as it is might be prejudicial to some of the accused persons
"The application is made in good faith and it's not meant in any way to delay the case as the DPP is committed to have the matter heard expeditiously."
The defence lawyers led by Alutalala Mukwana, Stanley Kangahi, and Cohen Amanda among others said they had no objection to the adjournment.
So far the prosecution said 25 witnesses are remaining to testify in the case.
In the case, Kakamega Deputy Governor Ayub Savula is charged alongside former ICT PS Sammy Itemere for stealing Sh122 million that was meant for paying pending bills to advertisers.