The Director of Public Prosecutions (DPP) Renson Ingonga has applied to withdraw one of the cases against oil tycoon Yagnesh Devani and his company Triton Petroleum.
In an application to be heard today, the DPP applied to withdraw the charges where Mr Devani is charged with two others, to allow the prosecution to proceed with a case where he and his company have been charged separately.
The DPP through senior principal prosecution counsel Eliphaz Ombati said section 87(a) of the criminal procedure code provides for withdrawal by the prosecution at any stage before a judgment is made. Mr Ombati said Mr Devani did not plead to the charges alongside his co-accused and 24 witnesses have testified in his absence.
“CR. No 1151 of 2009 is at an advanced stage and it is pending mention for filing of submissions by parties on case to answer,” Mr Ombati said. The prosecutor said no prejudice will be occasioned to the other accused persons or even Mr Devani and his firm if the matter is withdrawn.
Mr Devani was charged on January 23, 2024, after being on the run for more than a decade and was freed after depositing cash bail of Sh1 million in court. He is accused of theft of fuel worth more than Sh1.9 billion at the Kipevu Oil Refinery in Mombasa in 2008.
An alternative count states that Mr Devani disposed of mortgaged jet fuel, jointly with others, with the intent to defraud KCB. The second count states that he stole 418.134 metric tonnes of Motor Spirit Premium valued at $438,031.10, belonging to KCB Kenya.
It is alleged that he committed the offence on diverse dates between April, 23 and December 4, 2008 at Kipevu Oil Storage facility, in Mombasa. The prosecutor said in an affidavit that Mr Devani will derail the case against other accused persons who have been dutifully attending court for the last 15 years.
Mr Devani fled the country in 2009 after learning of the impending charges against him and his firm. The case commenced in 2011 but he did not participate in the trial as he was fighting extradition proceedings in the UK. He was presented to court on January 23, after returning to Kenya, and pleaded not guilty to the charges.
The case, Mr Ombati said, is then pending submissions before the trial court.
