Former ICT Principal Secretary Sammy Itemere has been set free in a Sh122 million theft case by a Nairobi court.
His co-accused persons including Kakamega Deputy Governor Ayub Savula and his two wives will however have to go through the trial.
Those off the hook include Itemere and the 12 others namely Edith Nkanata, Amos Matanga, Gladys Bwora, Gladys Mwanyika, Jesca Ateka, Rachael Wanjiru, Nellie Kibocha, Sammy Makau, Martin Njoroge, Hannah Wangari, Edmundi Munene and Victor Owin.
Delivering the ruling on Monday, Milimani Chief Magistrate Lucas Onyina granted the application noting that the prosecution bears the burden of proving the case beyond reasonable doubt.
He also stated that the ODPP is mandated with either terminating or withdrawing a case at any level, provided the requisite procedure is followed.
"Since there is no objection from the defence over the same, the court being an impartial arbiter cannot refuse to grant the prayers as the bearer of the mandate to prosecute has been satisfied with the evidence presented to withdraw the charges," the court noted.
The Magistrate directed that the 13 accused persons be discharged from the respective counts and any securities deposited by them be released to the respective depositors thereof.
Regarding the other accused persons, the state said it would be presenting additional charges against them.
The ODPP made the withdrawal application on Tuesday, stating that a review of the charges against 13 found insufficient evidence to sustain the charges.
The accused persons were charged with offences ranging from abuse of office, theft, conspiracy to steal and conspiracy to commit a felony.
It was alleged that they fraudulently obtained Sh122,335,500 pretending that they were in a position to offer advertising services in magazines with a wide circulation in Kenya, a fact they knew to be false.
The offence is said to have happened on diverse dates between July 1, 2015, and August 30, 2018, at the State Department for Broadcasting in Nairobi.
