An appeal against the prosecution of former Kenya Pipeline Director Charles Tanui and the widow of former government Chief whip George Thuo for graft, failed to take off after it emerged that parties had not been served with a notice for the hearing and that other suspects had not shed light whether they want to be enjoined in the proceedings.
Subsequently, the court of appeal adjourned the case later agreeing to entertain “a consent” the parties in the case have entered to have the matter returned to the high court for fresh adjudication.
Case to be heard in 45 days
Judges of the court of appeal Philip Waki, Roslyn Nambuye and Kathurima M’inoti directed that it be heard within 45 days .
Tanui had lodged a petition against his prosecution stating that the court that ordered he stands trial “did not give him a hearing atall when it pronounced itself that the matter goes f or full trial.”
The former MD is charged alongside former Juja MP George Thuo’s widow Judy Thuo and her company Redline ltd and four officials over a fraudulent payment of Sh28 million in a phantom tender at the Kenya Pipeline Company for the installation of transformers.
Judy had been charged alongside her son Ian Gichuhi who was later absolved of blame and let off the hook.
They had been accused of receiving indefinite payment of Ksh28.5 million from Kenya Pipeline (KPC).
Judy denied receiving payment by fraudulently acquiring public property.
She is charged alongside the four former KPC bigwigs who denied various counts on abuse of office, false documentations and irregular payments contravening procurement laws.
Chief Engineer Josphat Kipkoech Sirma and Chief Technical Manager Elias Karumi are accused of making an irregular payment to Redline Limited for the installation, testing and commissioning of auto-transformers on the basis of falsified documents.
They are out a cash bail to sh 350,000 each .
They face six counts of abuse of office and failing to comply with procurement rules in awarding the contract.
Judy is separately charged with acquiring public funds illegally.
Trial court best forum