logo
ADVERTISEMENT

List of major graft cases this year and their status

Some of these cases have drawn attention domestically and internationally

image
by SUSAN MUHINDI

News24 December 2024 - 12:30
ADVERTISEMENT

In Summary


  • Some of the cases highlight ongoing struggles to curb corruption in the country.
  • Below is a summary of some of the most significant corruption cases and their status

Court Gavel

Kenya has seen a number of high-profile corruption cases in recent years, often involving politicians, government officials, and business elites.

Some of these cases have drawn attention domestically and internationally, as they highlight ongoing struggles with corruption in the country. Below is a summary of some of the most significant corruption cases and their status

The Yagnesh Devani Triton Oil fiasco

The state's pursuit of Yagnesh Devani became a high-stakes international operation, with officials working tirelessly to secure his extradition to face charges in Kenya.

But despite the intense efforts by the state, the courts eventually withdrew his case following an application by the office of the director of public prosecutions.

The DPP in October 2024 decided to withdraw the Sh7.6 billion graft case facing oil tycoon Yagnesh Devani after former Energy Minister Kiraitu Murungi expressed reluctance to testify in the case. 

Murungi was listed as a crucial witness according to the court ruling. 

In allowing their application, Magistrate Harrison Barasa said the DPP can't be forced to proceed with the case especially after key witnesses became uncooperative and unwilling to testify.

The DPP, through Senior Prosecution Counsel Elphas Ombati, had on October 9 made an oral application to terminate the case. But the magistrate, observing that the case is of great public interest, directed an affidavit be filed in court before he could make a determination on the matter. 

The affidavit was filed, and the DPP highlighted a number of reasons why they sought the withdrawal of the case. 

Among them was the death of some of the witnesses and Kiraitu being reluctant to testify. The DPP further stated that efforts to trace the main complainant—the Emirates boss—were futile, and the only information available is that he relocated to Singapore. 

The magistrate said that from the affidavit, the EACC, which was the investigative agency in the case, was duly consulted in regards to the withdrawal application.

The court took into consideration submissions made by the DPP in that they did not have sufficient evidence to sustain the case.

"At this juncture, it would be premature for this court to proceed. We will be forcing the agencies to proceed with a case even when they have made it clear that upon evaluation they don't have sufficient evidence to sustain it," said Barasa.

"I allow the application and proceed to discharge the accused person under section 87a of the criminal procedure code," he said 

Alleged fake fertiliser case

In May this year (2024), three top officials of the National Cereals and Produce Board (NCPB) were charged before an anti-corruption court with a Sh209 million fake fertiliser scandal.

The probe into fake fertilizer that morphed into the current court case began after farmers from different regions reported purchasing a total of 34 bags of counterfeit NPK fertiliser in March this year.

What followed was the arraignment of the NCPB boss in court with charges of abuse of office.

At the time when the three top officials were charged, the first accused person, Josiah Kariuki, who is said to be the director of Fifty One Capital Limited (5th accused) and SBL Innovate Manufacturers Limited (6th accused), did not appear in court.

Those present in court that day were Joseph Muna Kamote, John Kiplangat and John Mbaya. The other two were arraigned on a later date and subsequently denied charges levelled against them.

They are accused that, jointly with others not before court, they conspired with intent to defraud Kenyan farmers and sold a total of 139,688 bags of 25 kg each of soil amendment and conditioner valued at Sh209,532,000, purporting it to be a genuine fertiliser a fact they knew to be false.

Muna was charged that being the Managing Director at the NCPB, used his office to improperly confer a benefit to Kariuki by executing an Agency Contract between the NCPB and 51 Capital, African Diatomite Industries Limited, to supply 139,688 Bags of 25 Kgs each of soil amendment and conditioner branded as fertiliSer within NCPB depots across the country

He allegedly committed the offence on March 31, 2022, at Kenya National Cereals and Produce Board Headquarters Nairobi City within Nairobi County. The case is yet to commence hearing, with parties still at the pre-trial conference stage.

Ex-governor Ferdinand Waititu's case

An anti-corruption court set February 11, 2025, as the judgement date in the Sh588 million graft case facing former Kiambu governor Ferdinand Waititu, his wife Susan Wangari, and others.

The DPP has since urged the court to find the accused persons guilty of the corruption-related offences saying the tender process was tainted by corruption, with the couple and three others, some of whom were county officials, allegedly using their positions to award the contract to their close associates through illegal means.

Waititu, who defended himself in the case, maintained his innocence and urged the court to acquit him.

He claimed that the charges were instituted because of his overwhelming support for President William Ruto during the 2022 succession politics.

He told trial Magistrate Thomas Nzyuki that because of his support for Ruto, the then ruling class engineered his arrest and subsequent charging in court.

"I supported the president so much. At the time, he was the deputy president. I was sacrificed in a wider political war linked to the 2022 succession politics," he said.

All the other accused persons have also asked the court to acquit them, saying there is no evidence to link them to the offences laid out by the DPP.

The trial revolves around the irregular award of a Sh588 million road tender in Kiambu.

The tender in question was issued on February 12, 2018 and awarded to Testimony Enterprise, owned by Charles Chege and Beth Wangeci, after quoting Sh588 million

The tender was for upgrading of various gravel roads in Thika, Limuru, Gatundu North, Juja and Ruiru sub counties during the financial year 2017-2018

Okoth Obado financial mismanagement case

The hearing against former Migori Governor Okoth Obado and seven others is still proceeding. They are charged with conspiracy to commit an offence of corruption and conflict of interest.

Allegations relate to the financial mismanagement of Sh73.5 million by the former governor through his alleged designated proxies during the financial years of 2013 to 2017. They are still covering the first witness in the case as of December 2024.

Related Articles

ADVERTISEMENT

logo© The Star 2024. All rights reserved