EACC, DPP Clash After Withdrawal of A High Profile Case, Sets Free Accused Persons
EACC, DPP Clash After withdrawal of Sh292 million against Chief Executive Officer of the Tanathi Water Works Development Agency Fredrick Mwamati and his Executive Management Team.
The case involved allegations of procurement probe in the award of tender for the construction of Kinanie Leather Industrial Park Water Supply Project Phase II & III at a cost of Sh292 million.
All the accused persons have subsequently been discharged in a ruling delivered on October 2, 2024, allowing the DPP to abandon the prosecution.
EACC stronlgly opposed withdrawal terming it a complete disregard of public interest, abuse of the court process and made in bath faith.
This is a new twist to the case, even after the DPP approved through a press release he issued on June 29, 2024 directing immediate arrest and arraignment of the Tanathi CEO and his senior officers.
In its affidavit however, EACC told the Court that the DPP had no basis for withdrawing the case since from the time he gave consent to prosecute after concurring with EACC that the evidence was sufficient, there was no new evidence received exonering the suspects from the findings of the investigations.
Chief Magistrate David Mburu stated,” After due consideration of all the arguments advanced in this matter, the court is satisfied that the DPP has presented proper justification for the decision to withdraw the case. The court is aware that it cannot make any conclusive finding on matters of fact at this stage,”
“In my considered view, the DPP has properly exercised his powers with due regard to the public interest, the interest of the administration of justice and the need to prevent and avoid abuse of the legal process.”
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