Ex-advertising agency boss Chebitwey off the hook in Sh122m graft case

Former Government Advertising Agency director Dennis Chebitwey can now breathe a sigh of relief after a Nairobi court allowed Director of Public Prosecutions to withdraw the Sh122 million fraud case against him.

In the case, Chebitwey and several members of the state advertising agency, Kakamega Deputy Governor Ayub Savula, his two wives, and their six firms had been charged with abuse of office, forgery and conspiracy to steal Sh122,335,500 from the Ministry of Information Communication and Technology.

They are alleged to have committed the offences on diverse dates between July 1,2015 and August 30,2018 at the State Department for Broadcasting Telecommunication. 

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In his application to withdraw the charges, DPP Renson Ingonga told the court that the charges can not stand since the High Court found the contract at the centre of the dispute was valid and following the death of star witness Jennifer Wambua, the former acting communications director at National Land Commission (NLC).

"The case stands on quick sand since the substrum of the case against the accused persons has been affected by the decision of the High Court and further, the prosecution is unable to get a witness to replace the one who passed away after giving evidence in chief before being cross examined by the defence," Ingonga through state counsel Wesley Nyamache stated.

Consequently, the magistrate discharged Chebitwey, Dickson Nyaga, Okello Owiti, Susan Akinyi, Savula, his two wives Melody Gatwiri Ringera and Hellen Kemboi over charges of conspiring to commit a felony to steal, abuse of office, aiding the commission of a felony, obtaining money by false pretences and attempting to obtain money by false pretences.

"I have looked at the High Court judgement rendered on February 26,2021. There is no dispute that the subject of the High Court matter is also the basis of the criminal charges against the accused persons in this case especially counts1,2,3,4,5,6,7,10,11.  The prosecution is permitted to withdraw the said charges under section 87 (a) of the Criminal Procedure Code," magistrate Onyina ruled.

However, he declined to withdraw the forgery charge against Savula and his two wives over government advertising tender for the Ministry of Health.

While declining the DPP'S request, the magistrate ordered Savula and his two wives Gatwiri and Kemboi to appear before him on September 23 and 24 for further hearing of the case.

Savula and his wives are charged that on January 10, 2017 at unknown place within the republic of Kenya with alleged intent to defraud, jointly with others not before court, without lawful authority made certain false document namely Ministry of Health requisition letter purporting it to have been issued and signed by Judith Sirima of Ministry of Health.

The magistrate noted the request by the DPP to terminate the case against Savula and his two wives did not consider the forgery charge.