The Director of Public Prosecution has applied to drop the charges against 13 suspects in the Sh 122 million case against Kakamega deputy governor Ayub Savula.
However, the case against Savula and his two wives, Melody Gatwiri Ringera and Hellen Kepkor Kemboi, will proceed.
The prosecution said after a review of the evidence, it has been established that there is no evidence to support the case against the 13.
Those whose charges were dropped are Former PS information Sammy Itemere, Edith Kainda, Amos Matanga, Gladys Bwora, Gladys Isaka, Aggrel Ateka, Rachel Wanjiru, Nellie Kibocha, Sammy Makau Mule, Martin Njoroge, Hannah Wangari, Edmond Munene and victor Owino.
In withdrawing the charges, the DPP said he would fast-track the case against the remainder of the accused persons to a logical conclusion.
However, he will file fresh charges against Savula and 14 others due to the review that his office carried out,
“I pray this court to admit this application and give two weeks for the amendment of the charge sheet against the remaining accused persons,” said the prosecutor.
The defence lawyers for the suspects whose charges were dropped did not oppose the application by the DPP but said it was six years since their suspects were arraigned in October 2018,
“The freed suspects were brought to court when there was no evidence against them,” said a defence lawyer.
The prosecution said the freed suspects must make some undertaking that they will not sue for damages for malicious prosecution.
In the case, seven companies associated with Savula and his two wives were charged for fraudulently obtaining Sh 122,335,500, pretending they were in a position to offer advertising services in magazines with a wide circulation in the republic of Kenya, a fact they knew to be false.
The accused persons were charged with conspiracy to steal Sh 122,335,500 on diverse dates between July 1, 2015, and August 30, 2018, at the State Department for Broadcasting and Co-operation Nairobi.
The ruling on the matter will be given on February 8, 2024.