A Nairobi court has ruled that Kakamega Deputy Governor Ayub Savula and his two wives will proceed with their trial in a forgery case over the Government Advertising Agency case.
Milimani chief magistrate Lucas Onyina on Monday, declined to withdraw charges against Savula and his two wives Melody Gatwiri Ringera and Hellen Kemboi over government Advertising tender in the Ministry of Health.
Onyina noted that in the High Court ruling that was relied on in discharging the other accused persons, did not consider count eight of forgery which Savula and his wives are charged with.
"This court considers the totality of the request by the DPP and the accompanying High Court decision and finds that the superior court did not address the forgery charge against the three which this court directs the DPP to present evidence," Onyina ruled.
Savula, Melody and Hellen were directed to appear before him on September 23 and 24 for further hearing of the case.
The three are charged that on January 10, 2017, at an unknown place within the republic of Kenya with alleged intent to defraud, jointly with others not before the court without lawful authority made certain false document namely a Ministry of Health requisition letter purporting it to have been issued and signed by Judith Sirima of Ministry of Health.
The court, however, freed Savula, his wives and 14 others in other 10 counts including conspiracy to defraud the government Sh122 million in the Government Advertising Agency tenders.
In his ruling, the magistrate concurred with the DPP that the High Court had established that the substratum of the case was pegged on the legality of the contract at the centre of the dispute.
He noted that the High Court had validated the tender and directed Savula, his wives and their companies be paid.
The DPP through prosecution counsel told the court that there was a decision made before the High Court that ruled that the contract between Savula and the government was valid adding that the current case before the Magistrate court couldn't stand.
In February, former ICT Principal Secretary Sammy Itemere was set free in the theft case.
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 Owino.
Onyina had 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.
