Court allows withdrawal of charges against six Nakuru county officials

The Nakuru Chief Magistrate’s Court has allowed an application by the Office of the Director of Public Prosecutions (ODPP) to withdraw charges against six Nakuru County officials in a procurement-related corruption case involving payments totalling Ksh120,478,417 to three companies.

During proceedings Monday, October 19, before Chief Magistrate Tito Gesora, EACC informed the court that it had not been formally notified of the intended withdrawal.

The Commission emphasised the significant public interest in the matter and requested that the prosecution file a formal written application and serve it on EACC to enable the Commission to obtain instructions and respond appropriately.

The case, Republic v. Lorna Karamuta Mubichi and 11 others, ACC E006 of 2026, arose from investigations into alleged conflict of interest involving a Nakuru County employee and companies associated with her husband, Kenneth Murithi Ndubi.

The companies, Denken Building & Construction Limited, Murinchamba Investments Limited and Windcom Solutions Limited, received payments from the County between the 2020/2021 and 2024/2025 financial years.

The ODPP sought to withdraw counts 12 to 17 against Daniel Ndung’u Wainaina; Kennedy Mungai Barasa; Timothy Kiogora Murithi; Josphat Kimemia; Peter Thabanja; and Dr Solomon Sirma.

The six faced charges of engaging in corrupt practice, relating to allegations that they received kickbacks to influence procurement processes.

In seeking withdrawal under section 87(a) of the Criminal Procedure Code, the prosecution stated that a review of the evidence had found it insufficient to link the transactions in question to any tender or procurement process. Defence counsel supported the application.

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

The withdrawal concerns the charges against the six named officials. The remaining case is scheduled for hearing on March 8, 2027.

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