The Director of Public Prosecutions (DPP) Renson Ingonga is seeking to drop the Sh122 million fraud case against Kakamega Deputy Governor Ayub Savula, his two wives and 13 other co-accused.

When the matter came up for further hearing, the DPP informed the court he was not ready to proceed with the trial for two reasons­—one, that the High Court had found that the contract between Savula and the Government Advertising Agency (GAA) was valid and, two, that a key witness in the case has since died.

The deceased went missing on March 12, 2021, and her body was later found dumped in Ngong Forest the following day after she testified and stood down in the fraud case against Savula and his co-accused persons.

Withdraw case

Through State Counsel Wesley Nyamache, the DPP informed Milimani Chief Magistrate Lucas Onyina the decision to withdraw the case against Savula and his two wives Melody Gatwiri Ringera and Hellen Kepkor Kemboi and the other co-accused under Section 87A of the Criminal Procedure Code was reached following the High Court’s decision and the murder of its key witness, Jennifer Wambua, a former acting Communications Director at the National Lands Commission (NLC).

Death of a witness

Nyamache told the court that following Wambua’s death in March 2021, the DPP’s office with the help of the Directorate of Criminal Investigations (DCI) was unable to get an alternative witness from NLC to testify on behalf of the late commission’s official.

He added that the DCI communicated to the NLC seeking an alternative witness but the request was turned down.

“The chairman of the said commission indicated that they were unable to provide an alternative witness to testify or corroborate the evidence of Wambua due to the fact that she handled the matters in question solely,” Nyamache told the court.

He urged the court to withdraw the charges saying the fifth accused person through the firm of senior counsel Ahmednasir Abdullahi had approached the Office of the DPP via a letter dated May 29, 2023 seeking to drop the charges following the High Court’s decision on the contract.

“In the said letter, the fifth accused annexed a High Court judgment being civil case number 33 of 2019 by Johnnewton Communication Ltd and five others and in the said decision the court upheld the contract and indicated that the said contract was legally enforceable,” added Nyamache.

“It is instructive to note that the contract in issue before the High Court forms the substratum of the charges against the accused persons. The High Court having held the contract was legally enforceable thus renders the charges against the accused persons absolute or mote,” Nyamache stated.

The DPP said that based on the two reasons, the court should grant his request and terminate the entire case against Savula and his co-accused persons.

Onyina said he will make a ruling on the DPP’s application on July 1.

Case dragged for six years

Savula and his two wives are charged that on January 10, 2017, at an unknown place within the republic of Kenya with alleged intent to defraud, jointly with others not before the court without lawful authority made certain false documents namely a Ministry of Health requisition letter purporting it to have been issued and signed by Judith Sirima of Ministry of Health.