The Sh357 million corruption case against Kenya Revenue Authority (KRA) chairman Antony Mwaura Ng’ang’a, his wife Rose Njeri and former Nairobi governor Mike Sonko was yesterday thrown into limbo after the prosecutor walked out of the courtroom.
Principal prosecution counsel Alex Akula threw the trial into a spin and declined to lead a witness to give evidence, after the trial magistrate Eunice Nyutu rejected his application to adjourn the matter.
Following the move, the magistrate marked the case as closed and directed defence lawyers to file their submissions on a ruling on whether they have a case to answer.
Mr Mwaura, Ms Njeri and Mr Sonko have been charged together with nine others and five companies for allegedly embezzling Sh357 million from Nairobi County government through dubious contracts.
Read: Evans Kidero, Mike Sonko regimes hid Sh18bn own-source tax revenues – auditor
In a ruling, the trial magistrate expressed her concern on the pattern adopted by the Office of the Director of Public Prosecutions (DPP) in seeking adjournment of the case against Mr Sonko, Mr Mwaura and the others.
The magistrate noted that the DPP office had abandoned the case by employing what she termed unacceptable methods to frustrate both the court and the accused “whose rights have been compromised”. Yesterday, Mr Akula refused to participate in the trial stating that, “I am not the prosecuting counsel in this case. I was instructed to hold brief on an application for adjournment.”
The prosecutor added that the case is being prosecuted by his colleague Annette Wangia who was unwell.
He further said he had been instructed by the DPP Renson Ingonga to pass the information to the court about Ms Wangia being unwell and seek an adjournment.
Mr Mwaura, who is tasked with making policy decisions at the KRA, is facing charges of conspiracy to corruptly embezzle Sh357 million from the city county government, an offence he allegedly committed between May 2018 and March 2019.
He was appointed the chairperson of the KRA in November last year. Soon after taking over the job, Mr Mwaura played both the role of the CEO and chairman — akin to an executive chairman in private companies— as there was no substantive commissioner-general at the KRA.
Unlike his predecessors at the KRA — Francis Muthaura and Edward Sambili who had stellar careers in the civil service— the man who has been tasked with helping the tax agency to increase revenues to Sh4 trillion has never headed a State corporation before.
Read:DPP ordered to provide its evidence in Sh357m tenders case against Sonko
He was charged with corruption in December 2019 and thereafter the Assets Recovery Agency seized some vehicles linked to his companies and obtained orders freezing his bank accounts.
The trial magistrate had earlier rejected an application by the prosecution seeking to terminate the case against Mr Mwaura, Ms Njeri and their companies Hardi Enterprises Limited and Toddy Civil Engineering Company.
The magistrate held that it would be discriminatory to discharge Mr Mwaura, Njeri and his firms and leave other accused persons to face the charges, yet they are the main suspects in the case, having been accused of illegally acquiring public funds through a tender.
The KRA chairman and his companies are accused of money laundering by allegedly concealing an amount of Sh55.8 million received from the Nairobi City County government between October 2018 and March 2019.
Others facing charges are Nairobi City government officials who are accused of facilitating or benefited from the irregular procurement and payments.
The charges include conspiracy to commit corruption, willful failure to comply with law relating to procurement, unlawful acquisition of public property and conflict of interest as well as money laundering.
In a brief ruling, Ms Nyutu stated: “This case is marked as closed after leading evidence from four witnesses. Thirty-seven (37) other witnesses are yet to testify.”
By RICHARD MUNGUTI