A Magistrates court has allowed an application by the Director of Public Prosecutions (DPP) Renson Ingonga to withdraw the Sh7.6 billion graft case facing oil tycoon Yagnesh Devani.
This comes after a key witness expressed reluctance to testify in the case.
According to the court ruling, the said witness was listed as a crucial one.
Magistrate Harrison Barasa said the DPP and EACC 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 in observing that the case is of great public interest directed an affidavit to be filed in court before he could decide on the matter.
The affidavit was filed and the DPP highlighted several reasons why they sought the withdrawal of the case.
Among them was the death of some of the witnesses, and the key witness being reluctant to testify.
The DPP further stated that efforts to trace the main complainant - were futile and the only information available is that the main complainant relocated.
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 do not have sufficient evidence to sustain the case.
He also cited Article 157(8) of the constitution which provides that the DPP will have regard to the public interest and interest of the administration of justice and the need to prevent and avoid abuse of the legal process.
Barasa subsequently allowed their application under section 87(a) of the CPC which means Devani may still be prosecuted in the future if sufficient evidence is made available.
"At this juncture, it would be preposterous 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.