The Director of Public Prosecutions (DPP), Renson Ingonga, has withdrawn the Ksh 7.6 billion graft case against controversial oil tycoon Yagnesh Devani.
This decision, approved by Nairobi Magistrate Harrison Barasa, comes after key witnesses showed reluctance to testify, weakening the case.
Among the reluctant witnesses was former Energy Minister Kiraitu Murungi, who had been a crucial figure in the investigation.
In October, DPP Ingonga, represented by Senior Prosecution Counsel Elphas Ombati, initially made an oral request to withdraw the case, citing insufficient evidence.
However, the court requested a formal affidavit due to the public interest in the matter.
The DPP justified the withdrawal by pointing to the death of some witnesses, Murungi’s refusal to testify, and the unavailability of the main complainant, the Emirates Petroleum boss, who is believed to have relocated to Singapore.
Magistrate Barasa allowed the withdrawal but left room for future prosecution if new evidence surfaces.
“Proceeding with the case without sufficient evidence would be inappropriate,” he stated, emphasizing that the agencies could not be forced to continue under these circumstances.
Devani, infamous for the 2008 jet fuel scandal that threatened Kenya’s oil sector, had recently spent 13 days in custody before being released on a Ksh 5 million cash bail.
Following his release, he surrendered his passport and was warned against interfering with witnesses.
The businessman, who has been evading justice for over a decade, now resides in the UK. Despite the case’s withdrawal, his legal troubles remain unresolved, with several fraud accusations, including conspiracy to defraud and fraudulent disposal of mortgaged goods, still looming over him.