DPP, EACC clash over withdrawal of charges in Ksh 120M corruption case

The Nakuru Chief Magistrate’s Court has allowed the withdrawal of corruption charges against six county officials in a case involving payments of Ksh120.48 million, after the Office of the Director of Public Prosecutions (ODPP) said the evidence did not link the transactions to any tender or procurement process.

The decision came after the Ethics and Anti-Corruption Commission (EACC) told the court it had not been formally notified of the intended withdrawal and sought an opportunity to respond, citing the public interest in the case.

“EACC’s intervention centred on the need for formal notification and an opportunity to respond, given its role as the investigating agency and the public interest in the proceedings,” the commission said following the ruling.

During proceedings on Monday, October 19, EACC told the court it had not been formally notified of the intended withdrawal and sought time to review the application and respond before a decision was made.

The ODPP sought to withdraw counts 12 to 17 against the six officials under Section 87(a) of the Criminal Procedure Code, arguing that a review of the evidence had found insufficient grounds to link the transactions to any tender or procurement process.

Chief Magistrate Tito Gesora allowed the application, holding that prosecutorial powers rest with the DPP and accepting the prosecution’s assessment that the evidence did not meet the required threshold.

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The case arose from EACC investigations into alleged procurement fraud and conflict of interest involving Nakuru County contracts awarded between the 2020/2021 and 2024/2025 financial years.

The commission had previously announced the arrest of seven current and former senior county officials and a contractor in connection with the investigation.

According to EACC, the investigation centred on allegations that a county employee used businesses owned by her husband to obtain county contracts while serving in public office, creating a potential conflict of interest.

The commission alleged that the businesses received 29 contracts valued at over Ksh120 million and that investigators traced payments from the contracts to several senior county officials.

EACC further alleged that false documents were used to secure the tenders and that part of the payments was transferred into joint bank accounts held by the county employee and her husband. 

Meanwhile, the remaining proceedings are scheduled for hearing on March 8, 2027. 

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