A Nairobi court has allowed the Directorate of Public Prosecutions (DPP) to withdraw charges against three Nairobi Hospital officials before they pleaded to the charges against them.

The DPP wanted to charge Barcley Mogere, Koki Muthoka and John Nyiro with failing to lodge financial statements with the registrar, contrary to Section 683(1) as read with Section 692(1) of the Companies Act.

However, when the matter came up for plea-taking on Monday, March 23, 2026, before Milimani Principal Magistrate Paul Mutai, the prosecution told the court that it was withdrawing the charges against the three.

The State, through an oral application, told the court that it was withdrawing the charges against the three under Section 87(a).

However, the defence legal team, led by Senior Counsel James Orengo, sought to have the prosecution give reasons for the withdrawal.

Senior Counsel Orengo told the court that the act by the DPP to register charges and then seek withdrawal is an abuse of the process of the court.

“Your honour, it’s unfortunate that the prosecution would file a charge and seek to withdraw; your honour, the DPP cannot register the charges and then seek to withdraw—an abuse of process of court,” Senior Counsel Orengo submitted to the court.

“This is an abuse of the criminal justice system; to make it worse, they want to withdraw the charges without giving reasons as to why they are withdrawing them. They are withdrawing the charges against the three under Section 87 without explanation,” SC Orengo added.

Further, the defence also lamented that there was a Mr. Victor Opiyo who was being held at the Milimani Law Courts car park whose charges had not yet been registered, urging the court to come to his aid.

Meanwhile, the Law Society of Kenya (LSK) president-elect, Charles Kanjama, urged the court to release the three under Article 202 of the Criminal Procedure Code.

“We hereby request the court to release the three persons under Article 202 of the Criminal Procedure Code,” SC Kanjama told the court.

In his ruling, Magistrate Mutai allowed the withdrawal of the charges, stating that the DPP, under Article 157, has the mandate to withdraw charges at any stage.

“I would therefore allow this matter to be withdrawn,” Magistrate Mutai ruled.