Yagnesh Devani, the director of Triton Petroleum Co. Ltd., accused of swindling Sh7.6 billion of taxpayers’ money in the irregular sale of petroleum products belonging to Kenya Pipeline Company Ltd., has been freed after crucial witnesses failed to testify against him.
On Monday, Anti-Corruption Chief Magistrate Harrison Barasa was informed that Renson Ingonga, the Director of Public Prosecutions (DPP), would not pursue the case because there were not enough witnesses and evidence.
The prosecution told the court that key witnesses, including former Energy Minister Kiraitu Murungi, were reluctant to testify and that others were missing or dead.
The magistrate subsequently allowed an application by the DPP to withdraw the case.
The case was withdrawn under section 87(a) of the Criminal Procedure Code which means Devani may still be prosecuted in future if new evidence is made available.
“At this juncture, it would be preposterous for this court to proceed. We will be forcing the agencies to proceed with a case even when they have made it clear that upon evaluation they don’t have sufficient evidence to sustain it,” said Barasa.
“I allow the application and proceed to discharge the accused person under section 87(a) of the Criminal Procedure Code.”
Devani was charged on August 7 and pleaded not guilty to 11 counts before Chief Magistrate Thomas Nzyoki at Milimani Law Courts, where he was arraigned on two counts of fraudulent disposition of mortgaged goods, eight counts of conspiracy to defraud, and one of obtaining by false pretense.
The offenses were committed in 2008, and when the case came up, Devani fled to the United Kingdom, where he stayed until early this year when he was extradited to face charges.
After 15 years as a fugitive, Devani was extradited to Kenya on 23 January 2024 and charged in Milimani CMCR Case Number E072 of 2024 R v. Yagnesh Mohanlal Devani & Another.
On 29 January 2024, the Commission wrote to the DPP recommending that Devani be charged separately.
The DPP wrote to the Commission on 25 July 2024, with instructions to draft a fresh charge sheet for Devani’s prosecution. Consequently, on 6 August 2024, the Commission arrested Devani and arraigned him. He was later released on a Sh5 million cash bail.
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