BY SAM ALFAN.
Triton Saga Mastermind Yagnesh Divani may at last smell freedom following a formal request by the government to withdraw a multi-billion case against him.
Director of Public Prosecution Renson Ingonga formally requested the courts to withdraw the case, adding to other mega corruption cases that the DPP has withdrawn against big figures since the inception of President William Ruto’s government.
Milimani Anti-Corruption Court allowed the DPP’s application seeking to withdraw the Sh7.6 billion graft case against controversial tycoon Yagnesh Devani.
Devani was a fugitive for 16 years, delaying his prosecution over the mega Triton company oil scandal that made headlines in national and international fronts.
Anti-Corruption Magistrate Harrison Barasa allowed DPP’s application, adding that Igonga and the Ethics and Anti-Corruption Commission (EACC) cannot be forced to proceed with the case when star witnesses become uncooperative or unwilling to testify.
The magistrate added that the court found itself in a precarious position as it was ready to proceed with the case, but the DPP has expressed difficulties in leading testimony.
He noted that witnesses are not willing to come forth to adduce testimony. He is, therefore, left with no option but to withdraw the case until such a time when he finds evidence.
“Considering the circumstances in this case, it will be preposterous to continue with this matter even after prosecution stated they are unwilling to proceed. That would be tantamount to forcing the State to continue with the case without the evidence,” ruled Magistrate Barasa
DPP Igonga, through senior prosecution prosecutor Elphas Ombati, had on October 9, made an oral application to terminate the case. But the magistrate observed that the case was of great public interest and directed that an affidavit be filed in court before he could make a determination on the matter.
In the application, Igonga urged the court to withdraw the case against the accused persons, as the prosecution has encountered difficulties in tracing witnesses.
The defence lawyers did not oppose the DPP’s application.
Tycoon Devani had denied a total of 11 counts related to the release of oil worth Sh7.6 billion in 2008, asked to be granted five minutes for the court to hear him out.
The charges included conspiracy to defraud, obtaining money by false pretence, abuse of office, and neglect of official duties.
One of the counts stated that he released a total of 19,186.130 cubic meters of diesel with intent to defraud Emirates National Oil Company Ltd of Singapore, the mortgagee.
The charge sheet stated that he committed the offence on 4th September 2008 in Nairobi, being a director of Triton Company Ltd. The oil was valued at more than $10,446,888.36 and Sh 32,047,783.66.
The billionaire was further been charged with disposing of 675.592 cubic meters valued at $550,020 to Total Kenya Ltd without the consent of Emirates National Oil Company (Singapore) Ltd while being the Director and a mortgagor of a volume of 4,261.203 cubic meters of Jet A 1(Aviation Fuel).
Additionally, Devani was charged with Conspiracy to defraud Kenya Shell Ltd $2,246,491.34 and Sh 7,059,201.59 in reference to his position as the Senior Management of Triton Petroleum as a Director by purporting that the Triton Petroleum Company Limited had a volume of 4,449.42 cubic meters of diesel (AGO) held by Kenya Pipeline Company Limited at the Kipevu Oil Storage Facility that was available for sale.
