Ruto allies whose cases were dropped

Despite President William Ruto’s public pronouncement about his commitment to fighting graft, the move by the Directorate of Public Prosecutions (DPP) to withdraw corruption cases against the head of state's allies in the last three years shows otherwise.

Immediately after assuming office, the DPP, an independent body, started filing applications to withdraw court cases associating Ruto’s allies with corruption charges.

Some of Ruto’s allies who tasted his ‘new freedom ’ from prosecution included former Deputy President Rigathi Gachagua, Former Cabinet Secretaries Mithika Linturi (Agriculture) Aisha Jumwa (Gender), Kenya Power and Lighting CEOs Ben Chumo and Ken Tarus among others.

 At time of assuming office in September 13, 2022, the ex-DP faced a Sh7.4 graft case where he was charged with  six counts of economic crimes, including conspiracy to commit an offence of corruption, money laundering, and fraudulent acquisition of public property.

Gachagua was alleged to have fraudulently received Sh7 billion through three different bank accounts in his name at Rafiki Microfinance Bank and receiving properties between 2013 and 2020 in Nairobi while knowing that it formed part of the proceeds of crimes.

On the charge of conspiracy to commit an offence of corruption, Gachagua was charged alongside Nyeri Senator Wahome Wamatinga among others.

But soon after the Kenya Kwanza assumed office, the DPP, on November 22 moved to court and sought to withdraw the charges under section 87 for lack of evidence.

While allowing the DPP to formally withdraw the case, Magistrate Victor Wakumile faulted the investigative bodies for presenting people in court while they are still fishing for evidence.

The decision to charge must be exercised partially and independently. Never should a judicial system be used as a doormat. There is a need to respect institutions,” he said.

In October 2022, Aisha Jumwa’s corruption case where she was accused of allegedly embezzling Sh19 million from the Malindi National Government Constituency Development Fund was withdrawn.

 The former Malindi MP was charged alongside Kennedy Ojwang, Robert Katana, Omar Abdalla, Margret Kalume, Benard Riba and Sophia Charo with conspiracy to defraud the money from the NG-CDF kitty.

The DPP through State prosecutor Alex Akula, applied to terminate the case against the CS nominee and have Jumwa’s name removed from the charge sheet.

She faced other charges of conflict of interest, acquisition of proceeds of crime and money laundering while the co-accused faced additional charges of failing to comply with procurement laws.

 Linturi who was Ruto’s staunch ally during the 2022 General Election, had his rape case terminated. He was in September 2021 with two counts of intentionally attempting to rape the 36-year-old woman at Maiyan Villa Hotel in Nanyuki on January 30, 2021, and committing an indecent act with an adult, with the woman alleging that the CS nominee entered her room at the hotel without her knowledge and attempted to rape her.

The DPP, through State prosecutor Nyakira Kibera informed the court that they had received an affidavit from the complainant confirming that she had agreed to withdraw the case and that they were not opposed to the case being terminated.

"The court allows the application to withdraw the complaint and discharge the accused person under Section 40 of the Sexual Offences Act and Section 204 of the Criminal Procedure Code. The court directs that his cash bail of Sh200,000 be refunded," ruled Susan Shitubi.

 Former Samburu Governor Moses Lenolkulal also benefited from this freedom after the withdrawal of his corruption case; the public piled pressure forcing the DPP  to change his mind even after filing an application to withdraw the case.

While applying to terminate Lenolkulal’s Sh84.6 million corruption case, the DPP claimed there were no procurement breaches in the stated contract and that no money was lost since the county government got value for money for the services provided.

The prosecutor submitted that the DPP was convinced that the former governor did not engage in a conflict of interest having relinquished his interest in Oryx Service Station which was awarded the Sh84 million contracts to supply fuel to Samburu County Government.

Lenolkulal was charged in April 2019 alongside his county government officials Stephen Letinina, Daniel Lenolkirina, Josephine Lenasalia, Reuben Lemunyete, Linus Lenolngenye, Paul Lolmingani and Bernard Lesurmati, Lillian Balanga, Andrew Lanyasunya, David Loosenge and Geoffery Kitewan.

They were charged with conspiracy to commit an economic crime by receiving Sh84,695,996 from the county government through Oryx Services Station.

The ex-governor faced other charges of abuse of office by using his office to improperly confer a benefit to himself and engaging in a conflict of interest by trading with the county he is heading.

However, four days after filing the application to withdraw the case, the DPP changed his mind and told the court he would be pursuing the ex-governor to the end.

At the same time, former Kenya Power CEOs Chumo Tarus had his Sh400 million graft dropped under section 87 A on lack of evidence. The DPP claimed the Directorate of Criminal Investigations (DCI) had failed to reply to gaps that had been identified by the prosecution.

Instructively, all the cases were dropped under 87 A while a majority of them were terminated in October 2022 after Ruto was elected into office.

 Following the mass withdrawal of graft cases, the then Law Society of Kenya (LSK) demanded an explanation from the DPP to explain the circumstances under which the cases were discontinued.

"If the cases are being withdrawn for lack of evidence to sustain the charges, the DPP must take responsibility and explain how the reason to charge was arrived at in the first place,” Theuri said.

The DPP defended his move and maintained that dropping of cases was provided for in the law.

“I know I have become synonymous with withdrawal but withdrawals are provided for under the constitution and it is a right where there is a miscarriage of justice. We must, no matter who that person is in the society, even when that person comes from the high and mighty, that withdrawal must be done if it is justified,” he said.

Lawyers have now questioned Ruto’s commitment to fight graft as they poked holes on the coincidences of the DPP’s move to terminate the corruption cases at a time when he was elected President.

Lawyer Kiroko Ndegwa said ‘The President is also on record claiming that corruption can’t hinder development, the move to withdraw his allies’ cases and to form a multi-agency team to snatch the Ethics and Anti-Corruption Commission powers should worry Kenyans on Ruto’s commitment to fight the graft.”