The Director of Public Prosecutions, Renson Ingonga, is seeking to withdraw the Sh7.6 billion corruption charges against businessman Yagnesh Devani and his company, Triton Petroleum Company Limited, related to the 2008 oil scandal.
On Monday, DPP Ingonga made an oral application to Magistrate Harrison Barasa, requesting the termination of the case due to difficulties in tracing witnesses, noting that some have unfortunately passed away. Through prosecutor Eliphas Ombati, Ingonga applied to have the case dropped under section 87(a) of the Criminal Procedure Code (CPC).
“I urge this court to withdraw the case against the accused persons, as the prosecution has encountered difficulties in tracing witnesses,” the prosecutor stated. The defense lawyers did not oppose the DPP’s application.
However, Magistrate Barasa denied the oral request and instructed the DPP to file a formal application supported by an affidavit, stressing that the case is of significant public interest and cannot be withdrawn without substantial reasons. “The DPP must provide details in the formal application and affidavit regarding the deceased witnesses and those who are alive but cannot be traced,” Barasa said.
Despite this, the magistrate granted Devani’s request to have his passport returned so he can travel abroad for business transactions. The case is scheduled for mention on October 22, 2024, to confirm compliance with the DPP’s requirement to file a formal application to terminate the charges.
In this case, Devani and Triton Petroleum Company Limited are accused of the fraudulent release of 126 million liters of oil, violating a collateral financing agreement with Emirates National Oil Company (Singapore) Limited. Devani faces eleven counts of fraud, including conspiracy to defraud, obtaining by false pretenses, and the fraudulent disposition of mortgaged goods.
One of the key allegations is that on September 5, 2008, while serving as Managing Director of Triton Petroleum, Devani and others unlawfully disposed of 13,054,850 cubic meters of diesel, valued at approximately USD 10,146,888.36 and Sh32,017,783.66, to Total Kenya Limited without the consent of Emirates National Oil Company, the mortgagee. Devani is currently out on Sh5 million cash bail.
