An anti-corruption court is set to issue directions in the Sh30 million graft case facing former senior officials at the Kenya Pipeline Company; the matter has been listed before Magistrate Victor Wakumile for a mention.
In the case, former Kenya Pipeline MD Charles Tanui was charged in 2020 with irregular payment of Sh30 million for the supply of three transformers when he was in office.
He was charged alongside Elias Maina, who was chief manager in charge of the technical department, and Josphat Sirima, who was the chief engineer.
But DPP on February 12, 2024, filed an application seeking to have the case against all the accused persons withdrawn.
They told the court that they received a request from the accused persons seeking review of the decision to charge them.
The DPP reviewed the file and considered that Tanui and Maina authorised the payment for the tender in question after being advised and confirming that the documentation was in order.
The DPP, in reviewing the file at the time, confirmed that no public money has been lost, as the monies that were paid to Redline Limited for works not done have since been returned.
But the Magistrate declined to withdraw the case, saying power to withdraw is not absolute but must be exercised judiciously.
Dissatisfied, the DPP moved to the High Court, where Justice Nixon Sifuna also declined their request.
Tanui faced abuse of office charge and failure to comply with the procurement laws.
The charge sheet indicated that on February 18, 2014, he wilfully failed to comply with the law relating to procurement by authorising payment of €261,070.42 (Sh30 million) to Redline Limited for the supply, installation, and commissioning of a line 2 station autotransformer without a written and signed contract.
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