The Director of Public Prosecutions has made an application before a Nairobi Court seeking to withdraw a fraud case against Kakamega Deputy Governor Ayub Savula and his wives in a Sh122 million Government Advertising Agency case.
The DPP through prosecution counsel on Thursday told the court that there's 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 can't stand.
Milimani Chief Magistrate Lucas Onyina said he will make a ruling on whether the court will allow the application and withdraw the case on July 1, 2024.
In February, former ICT Principal Secretary Sammy Itemere was set free in the theft case.
His co-accused persons including Kakamega Deputy Governor Ayub Savula and his two wives were 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 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.
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 stating that a review of the charges against 13 found insufficient evidence to sustain the charges.